United States v. James L. Kington and Don Earney

PATRICK E. HIGGINBOTHAM, Circuit Judge:

James L. Kington and Don Earney appeal from convictions for misapplying bank funds, making false entries in bank records, causing a bank to fail to file a Currency Transaction Report, and, in King-ton’s case, filing a false tax return. King-ton and Earney contend that the jury instructions on the misapplication counts incorrectly stated the specific intent element of the crime; that there was insufficient evidence to support conviction on any count; and that they were not tried within the time limits prescribed by the Speedy Trial Act. We reverse the…