United States v. Falcone

Robert S. and Sandra S. Falcone were convicted on one count of conspiring to commit an offense against the United States, under 18 U.S.C. § 371 (1988), by violating 18 U.S.C. §§ 1344(a)(2) and 2113 (1988), and on several counts of violating 18 U.S.C. §§ 1344(a)(2) and 2113. On appeal, the Falcones contend, inter alia, that because they did not direct their conspiracy at the United States or one of its agencies, it was not a conspiracy to commit an offense against the United States under 18 U.S.C. § 371. Given this circuit’s interpretation of Tanner v. United States, 483 U.S. 107, 107 S.Ct.…