MEMORANDUM OPINION AND ORDER
GEORGE HOWARD, JR., District Judge.
Johnny D. Fowlkes (defendant) was charged in a one-count Information with mail fraud, a violation of 18 U.S.C. § 1341. The statute provides, in material part, that the sanctions to be imposed for a violation of the measure "... shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined...
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