UNITED STATES v. ANDREAS

No. 71-1414.

458 F.2d 491 (1972)

UNITED STATES of America, Appellee, v. Andy ANDREAS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1972.


Attorney(s) appearing for the Case

Gino P. Negretti, Miami, Fla., on brief, for appellant.

Bert C. Hurn, U. S. Atty., and William A. Kitchen, Asst. U. S. Atty., Kansas City, Mo., on brief for appellee.

Before GIBSON, HEANEY and ROSS, Circuit Judges.


GIBSON, Circuit Judge.

Defendant was convicted in a jury trial of use of the mails and interstate wire communications to further a scheme to defraud in violation of 18 U. S.C. §§ 1341 and 1343. He does not contest the sufficiency of the evidence to support his conviction. Three issues are raised on appeal.

First, defendant contends that the prosecution is barred by the five-year statute of limitations. The indictment was returned on October 2, 1970...

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