Citation Codes Equivalent Citations citation codes Docket Number No. 81-1317. Attorney(S) Robert J. Cindrich, U.S. Atty., Paul J. Brysh, Edward J. Schwabenland, Asst. U.S. Attys., Thomas M. Fallert, Legal Intern, Pittsburgh, Pa., for appellant. Michael W. Zurat, Mullen Zurat, Pittsburgh, Pa., for appellee. Judges Ruggero John Aldisert Joseph Francis Weis Acts Crimes And Criminal Procedure — Fraud And False Statements — Crimes — Loan And Credit Applications Generally; Renewals And Discounts; Crop Insurance Crimes And Criminal Procedure — Appeal — Criminal Procedure — Appeal By United States See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA, APPELLANT, v. SHER, MICHAEL. OPINION OF THE COURT PER CURIAM. Michael Sher was indicted by a grand jury in the Western District of Pennsylvania for a violation of 18 U.S.C. § 1014. 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. The statute reads in pertinent part as follows: We have carefully considered the arguments presented by the appellant, 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. We have also considered but we do not accept the reasoning of the Court of Appeals for the Fifth Circuit in United States v. Payne, 602 F.2d 1215 (5th Cir. 1979), cert. denied, 445 U.S. 903, 100 S.Ct. 1079, 63 L.Ed.2d 319 (1980).