¶1See 661 F.2d 34.
¶2*29Robert J. Cindrich, U. S. Atty., Paul J. Brysh, Edward J. Schwabenland, Asst. U. S. Attys., Thomas M. Fallert, Legal Intern, Pittsburgh, Pa., for appellant.
¶3Michael W. Zurat, Mullen & Zurat, Pittsburgh, Pa., for appellee.
¶4Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.*
¶6OPINION OF THE COURT
¶8Michael Sher was indicted by a grand jury in the Western District of Pennsylvania for a violation of 18 U.S.C. § 1014.1 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.
¶9We have carefully considered the arguments presented by the appellant,2 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.