DAVIS v. UNITED STATES

No. 6208.

55 F.2d 550 (1932)

DAVIS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 12, 1932.


Attorney(s) appearing for the Case

Wm. J. Berne, Jesse E. Martin, and Sam R. Sayers, all of Fort Worth, Tex., for appellant.

Norman A. Dodge, U. S. Atty., of Fort Worth, Tex., Charles J. Riley, Sp. Asst. to Atty. Gen., and Fred Horowitz, of Los Angeles, Cal., for the United States.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.


FOSTER, Circuit Judge.

Appellant was convicted on six counts of an indictment which charged the unlawful mailing of certain letters in furtherance of a scheme to defraud and was sentenced to serve two years in the penitentiary on the first count and five years collectively on the remaining counts, that term to begin at the expiration of the two year term. The five-year term was suspended for a period of five years.

The United States has filed a motion to dismiss...

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