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Defendants Thomas J. McElroy, Jr., and Robert H. Stedman appeal from judgments entered in the United States District Court for the District of Vermont, following a jury trial before Lee P. Gagliardi, Judge, convicting each of them on one count of conspiracy to misapply bank funds, in violation of 18 U.S.C. §§ 371 and 656 (1988), several counts of misapplication of bank funds, in violation of 18 U.S.C. § 656, and several counts of giving and receiving bribes, in violation of 18 U.S.C. §§ 215(a)(1) and (2) (1988). Each defendant was sentenced to, inter alia, 37 months' imprisonment, to be followed by two years' supervised release, and ordered to make restitution to the victims of their offenses. On appeal, they contend principally (1) that § 215(a), as applied to them, is unconstitutionally vague; and (2) that the district court (a) did not properly take account of the overlap in the charges against them, (b) made several erroneous rulings at trial, and (c) erred in calculating their sentences. For the reasons below, we affirm the judgments of conviction.


910 F.2d 1016 (1990)

UNITED STATES of America, Appellee,


Thomas J. McELROY, Jr., and Robert H. Stedman, Defendants-Appellants.

Nos. 1273, 1274, Dockets 90-1040, 90-1041.

United States Court of Appeals, Second Circuit.

Argued May 29, 1990.

Decided July 31, 1990.

New York Law School location: File #991, Box #125