United States v. Howard Lee Brookshire

BREITEN STEIN, Circuit Judge.

The one-count indictment charged defendant-appellant Brookshire with misapplication of bank funds in violation of 18 U.S.C. § 656. The jury found him guilty. He appeals from the sentence imposing a fine of $2,000.

Defendant was president of the First Bank in Atoka, Atoka, Oklahoma. Its deposits are insured by the Federal Deposit Insurance Corporation. Defendant needed to borrow $30,000 for a personal business venture with Calfee, a customer of the Atoka bank and of the Grayson County State Bank of Sherman, Texas. On December 29, 1970, the Grayson bank loaned…