Legal Opinion

United States v. D. Gary Barnhart

Court of Appeals for the Eighth Circuit

Decided December 16, 1992No. 92-1194PublishedCited by 61 opinions

1Opinion of the Court

FLOYD R. GIBSON, Senior Circuit Judge.

D. Gary Barnhart (“Barnhart”) appeals his conviction on one count of aiding and abetting the execution of a scheme to defraud a federally insured bank in violation of 18 U.S.C. §§ 2 and 1344 (1988). We vacate Barnhart’s conviction and remand for further proceedings consistent with this opinion.

I. FACTS

Barnhart founded the Tomahawk Mortgage Company (“Tomahawk”) sometime in the 1960s. In 1972, William Lunday joined the company to serve as executive vice president and manage Tomahawk’s daily business and financial operations. Eventually, Lunday was offered…

2Cases cited27 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Sandstrom v. MontanaSupreme Court of the United States · 1979
  3. United States v. HastingSupreme Court of the United States · 1983
  4. United States v. PowellSupreme Court of the United States · 1984
  5. United States v. Johnny Rivera, Elena VilaCourt of Appeals for the Eleventh Circuit · 1991

22 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. United States v. BrandonCourt of Appeals for the First Circuit · 1994
  2. United States v. James W. StoneCourt of Appeals for the Eleventh Circuit · 1993
  3. United States v. Fred De La MataCourt of Appeals for the Eleventh Circuit · 2001
  4. United States v. Bruce Raymond SwintonCourt of Appeals for the Eighth Circuit · 1996
  5. United States v. John Lee Molinaro, United States of America v. Donald P. Mangano, Sr., United States of America v. Donald P. Mangano, Sr.Court of Appeals for the Ninth Circuit · 1993

56 more not listed; retrieve them via the Exa API.

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