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DILLON v. UNITED STATES

Nos. 11645, 11647.

113 F.2d 334 (1940)

DILLON v. UNITED STATES. CROWLEY v. SAME.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 5, 1940.

Attorney(s) appearing for the Case

Frank J. Comfort, of Des Moines, Iowa, for appellant Lewis E. Crowley.

Walter F. Maley, of Des Moines, Iowa, for appellant Sidney J. Dillon.

Cloid I. Level, Asst. U. S. Atty., of Des Moines, Iowa (Hugh B. McCoy, U. S. Atty., of Oskaloosa, Iowa, and William R. Sheridan, Asst. U. S. Atty., of Keokuk, Iowa, on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and BELL, District Judge.

WOODROUGH, Circuit Judge.

Sidney J. Dillon and Lewis E. Crowley were indicted upon ten counts (1-10) for violation of 18 U.S.C.A. § 338 (the mail fraud statute) and upon two counts (11 and 12) for violation of 15 U.S.C.A. § 77q (a) (2) (the Securities Act of 1933 as amended). They each pleaded nolo contendere to two counts (one and twelve) and were thereupon sentenced: Dillon to five years' imprisonment on each of the two counts, to run concurrently, and...

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