UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
August 14, 1981
UNITED STATES OF AMERICA, APPELLANT
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA (D.C. Crim. No. 80-00147)
Before: ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge .*fn*
Michael Sher was indicted by a grand jury in the Western District of Pennsylvania for a violation of 18 U.S.C. § 1014.*fn1 The indictment charged Sher with conducting a "check-kiting" scheme by depositing worthless checks in two different banks, alternatively covering each check with another worthless check drawn on his account in the other bank and taking advantage of the time lag necessary for clearance to "keep the kite afloat." Sher moved before trial to dismiss the indictment, arguing that § 1014 does not prohibit the conduct alleged. The district court agreed and granted the motion to dismiss. United States v. Sher, 505 F.Supp. 858 (W.D.Pa. 1981). The United States appeals pursuant to 18 U.S.C. § 3731.
We have carefully considered the arguments presented by the appellant,*fn2 and we are in agreement with Judge McCune's thoughtful opinion for the court below. See also United States v. Pavlick, 507 F.Supp. 359 (M.D.Pa. 1980). Accordingly, the judgment will be affirmed.