UNITED STATES v. GANN

No. 82-1591.

718 F.2d 1502 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse L. GANN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 30, 1983.


Attorney(s) appearing for the Case

Jonathan T. Belknap, Fraser, Colo., for defendant-appellant.

Gary L. Richardson, U.S. Atty., Muskogee, Okl. (Donn F. Baker, Asst. U.S. Atty., with him on brief), for plaintiff-appellee.

Before HOLLOWAY, McWILLIAMS, and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Jesse Gann was indicted on three counts of extortion, 18 U.S.C. § 1951 (1976), sixteen counts of mail fraud, 18 U.S.C. §§ 2, 1341 (1976), and two counts of conspiracy to commit mail fraud, 18 U.S.C. § 371 (1976). After a jury trial, he was convicted of one count of mail fraud, Count 19. On appeal Gann argues that the Government failed to prove a use of the mails for the purpose of executing a scheme to defraud within the...

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