United States v. Evans

SEYMOUR, Chief Judge. The government appeals the district court's judgment of acquittal and alternative grant of a new trial after a jury found
Defendant Leonard W. Evans guilty on all fifteen counts before it. Eight of the counts charged Mr. Evans with making a false
entry in bank records in violation of 18 U.S.C. 1005 and 2, and seven counts charged him with misapplying bank funds in violation
of 18 U.S.C. 656 and 2. The government contends that the judgment of acquittal was erroneous because the evidence was sufficient
to convict Mr. Evans on all counts and that the district court abused its discretion in granting a new trial. We affirm the
judgment of acquittal on the misapplication counts and we reverse the judgment of acquittal and the grant of a new trial on
the false entry counts.