U.S. v. GAYLE

No. 90-7500.

936 F.2d 1234 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick Cornelius GAYLE, Claude Bertram Hester, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 30, 1991.


Attorney(s) appearing for the Case

L. Scott Johnson, Jr., Orange Beach, Ala., for Gayle.

Thomas M. Goggans, Montgomery, Ala., for Hester.

Louis V. Franklin, Sr., U.S. Attorney's Office, Montgomery, Ala., for U.S.

Before KRAVITCH and JOHNSON, Circuit Judges, and MORGAN, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

Claude Bertram Hester and Derrick Cornelius Gayle were convicted of impersonating a federal officer in violation of 18 U.S.C. § 912. Both challenge their convictions, contending that the indictment was insufficient because it failed to allege an "intent to deceive." Although this panel agrees with the seven other circuits that have held that an indictment need not allege an intent to deceive, the predecessor to this court has held that...

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