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REISTROFFER v. UNITED STATES

Nos. 15652-15654.

258 F.2d 379 (1958)

Leo P. REISTROFFER, Appellant, v. UNITED STATES of America, Appellee. W. L. ROGERS, Appellant, v. UNITED STATES of America, Appellee. Marvin NORRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 11, 1958.

Attorney(s) appearing for the Case

Morris A. Shenker, St. Louis, Mo., for appellant Leo P. Reistroffer.

Sidney M. Glazer, Berkeley, Mo., for appellant W. L. Rogers (William E. Ginsburg, Boston, Mass., on the brief).

Mark M. Hennelly, St. Louis, Mo., for appellant Marvin Norris.

Theodore G. Gilinsky and Philip C. Lovrien, Asst. U. S. Attys., Sioux City, Iowa (F. E. Van Alstine, U. S. Atty., Sioux City, Iowa, on the brief), for appellee.

Before SANBORN, WOODROUGH, and VAN OOSTERHOUT, Circuit Judges.

WOODROUGH, Circuit Judge.

The appellants in these three separate appeals (submitted here on one record) were indicted together with four other persons for violations of the Mail Fraud Statute, Title 18 United States Code, Section 1341, were tried jointly and were found guilty by the jury. The sentences upon appellants Leo Peter Reistroffer and W. L. Rogers were for five years on each of the counts on which they were found guilty, to run concurrently, and

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