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BEASLEY v. UNITED STATES

No. 7326.

327 F.2d 566 (1964)

Joseph BEASLEY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

February 11, 1964.

Attorney(s) appearing for the Case

Stanley P. Zuris, Albuquerque, N. M. (Rueckhaus & Brown, on the brief), for appellant.

John Quinn, U. S. Atty. (John A. Babington, Asst. U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant was indicted for, and found guilty by a jury of, using the mails with intent to defraud in violation of 18 U.S.C. § 1341. On this appeal he does not question the sufficiency of the evidence to establish a scheme and intent to defraud.

A guilty verdict was returned on each of the ten counts of the indictment; and a 5-year sentence was imposed on each count, the terms to run concurrently. Appellant contends that the...

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