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UNITED STATES v. GURULE

Nos. 605-69, 606-69.

437 F.2d 239 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John E. GURULE, Defendant, and Harold K. Baker, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 18, 1970.

Attorney(s) appearing for the Case

E. Douglas Latimer, Albuquerque, N. M., for appellant John E. Gurule.

Michael M. Rueckhaus, Albuquerque, N. M., for appellant Harold K. Baker.

Victor R. Ortega, U. S. Atty., Albuquerque, N. M. (John A. Babington, Asst. U. S. Atty. with him on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and HICKEY and HOLLOWAY, Circuit Judges.

Rehearing Denied in No. 605-69 November 18, 1970.

HICKEY, Circuit Judge.

This is a direct appeal from a conviction of mail fraud, 18 U.S.C. § 1341, at a jury trial in the Federal District for the District of New Mexico. Twice indicted by a grand jury, appellants Gurule and Baker were found guilty of nine counts of mail fraud.

The issues raised attach the over-breadth of the subpoena duces tecum issued by the grand jury, the failure to instruct...

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