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U.S. v. EVANS

No. 05-10624.

473 F.3d 1115 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Hubert Garland EVANS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 26, 2006.

Attorney(s) appearing for the Case

Benjamin S. Waxman, Robbins, Tunkey, Ross, Amsel & Raben, P.A., Miami, FL, for Evans.

Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, Phillip DiRosa, Ft. Lauderdale, FL, for U.S.

Before PRYOR and FAY, Circuit Judges, and STEELE, District Judge.

STEELE, District Judge:

Appellant Evans was convicted of wire fraud under 18 U.S.C. § 1343, based on a May 22, 1997 telefax from the victim to Evans. The sole issue presented is whether the jury was entitled to find that Evans caused this telefax to be sent "for the purpose of executing" the scheme within the contemplation of Section 1343.1 We conclude that the jury was so entitled.

I. BACKGROUND

Evans was president...

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