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U.S. v. FROST

Nos. 95-6004, 95-6005, 95-6006, 95-6011, 95-6012, 96-5722, 96-5725, 96-5726 and 96-5785.

125 F.3d 346 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Walter FROST (95-6011; 96-5722); Robert Eugene Turner (95-6005; 96-5725); Richard Thomas Congo (95-6004); Peggy Young Potter (95-6012; 96-5726); Dennis Allen Faulkner (95-6006; 96-5785), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 12, 1997.

Attorney(s) appearing for the Case

Gary Humble (argued and briefed), Office of the U.S. Attorney, Chattanooga, TN, for Appellee.

W. Thomas Dillard (argued and briefed), Wade V. Davies (briefed), Ritchie, Fels, & Dillard, Knoxville, TN for Walter Frost.

Sam D. Elliott (briefed), Charles J. Gearhiser (argued and briefed), Gearhiser, Peters, Lockaby & Tallant, Chattanooga, TN for Robert Eugene Turner.

William P. Burgess, Jr., (briefed), Patrick M. Tuten (argued and briefed), Huntsville, AL for Richard Thomas Congo.

Bobby Lee Cook (briefed), Cook & Palmour, Summerville, GA, Jake Arbes (argued and briefed), Atlanta, GA for Peggy Y. Potter.

Stuart E. Smith (briefed), Bell, Richardson, Huntsville, AL, and Dennis Allen Faulkner, pro se.

Before: KEITH, KENNEDY, and MOORE, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

These five criminal defendants raise numerous issues attacking their convictions and sentences for committing mail fraud against the federal government and the University of Tennessee. One defendant also appeals his conviction for knowingly making a false material declaration before a grand jury. For the following reasons, we AFFIRM in part, REVERSE in part, and REMAND for proceedings consistent with this opinion.

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