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UNITED STATES v. WARREN

No. 82-1161.

747 F.2d 1339 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. David W. WARREN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 25, 1984.

Attorney(s) appearing for the Case

Bruce C. Houdek, Kansas City, Mo. (James, Millert, Houdek, Tyrl & Sommers, Kansas City, Mo., were on the brief), for defendant-appellant.

Amanda S. Meers, Asst. U.S. Atty., Kansas City, Kan. (Jim J. Marquez, U.S. Atty., Kansas City, Kan., was also on the brief), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.

HOLLOWAY, Chief Judge.

Defendant David W. Warren, a practicing osteopathic physician in Kansas City, Missouri, was convicted after a jury trial of three counts of mail fraud in violation of 18 U.S.C. § 1341 & 2.1 Defendant appeals his conviction on the grounds that (1) the outrageous conduct of the Government investigators violated the Due Process Clause of the Fifth Amendment; (2) there was insufficient evidence to support the...

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