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UNITED STATES v. McLEAN

No. 86-5012.

808 F.2d 1044 (1987)

UNITED STATES of America, Appellant, v. Richard W. McLEAN, Reeves Millard Colville, Jr., John Herbert McCoy, Gordon Dean Hooper, Harold Maney, Max Harrison Cabe, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 1987.

Attorney(s) appearing for the Case

Craig C. Donsanto, Director, Election Crimes Branch (Charles R. Brewer, U.S. Atty., James R. Fitzner, Asst. U.S. Atty., Dept. of Justice, on brief), for appellant.

Robert B. Long, Jr., Martin Reidinger (Long, Parker, Payne & Warren, P.A., Ronald K. Payne, G. Ward Hendon, Fred Moody, Jack W. Stewart, Sean P. Deveraux, on brief), for appellees.

Before WIDENER, PHILLIPS, and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

This appeal presents the question of whether a conspiracy to bribe voters by using the powers and duties of the precinct registrar to aid in the conspiracy may be prosecuted under 18 U.S.C. § 241 (1982)1 and/or 18 U.S.C. § 242 (1982).2 The district court found that United States v. Bathgate, 246 U.S. 220, 38 S.Ct. 269, 62 L.Ed. 676 (1918...

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