BRYAN, Circuit Judge.
On November 23, 1929, Frank A. Bennett was sentenced to pay a fine of $1,000 and serve five years in the Atlanta penitentiary upon being convicted of using the mails for the purpose of executing a scheme to defraud, in violation of 18 USCA § 338. He immediately gave notice of appeal returnable within 30 days, but, whether or not his appeal was allowed by the District Judge does not appear from the record brought before us in support of a...
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