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U.S. v. GAYLE

No. 90-7500.

967 F.2d 483 (1992)

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

United States Court of Appeals, Eleventh Circuit.

July 24, 1992.

Attorney(s) appearing for the Case

L. Scott Johnson, Jr., Montgomery, 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 TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, and BIRCH, Circuit Judges, and MORGAN, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Claude Bertram Hester and Derrick Cornelius Gayle were convicted of impersonating federal officers in violation of 18 U.S.C. § 912. Both men challenged their convictions, contending that the indictment was insufficient because it failed to allege an "intent to deceive" and because it failed to assert separate overt acts beyond the impersonation of officers. A panel of this court, finding itself bound by pre-1981 Fifth Circuit law, reversed...

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