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UNITED STATES v. THOMAS

No. 28653 Summary Calendar.

429 F.2d 407 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Malcolm THOMAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 1970.

Attorney(s) appearing for the Case

John D. Tarver, Huntsville, Ala. (court-appointed), for defendant-appellant.

Wayman G. Sherrer, U. S. Atty., R. Macey Taylor, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

The indictment charged appellant Thomas with causing the use of the United States mails in furtherance of a scheme to defraud Standard Oil Company and Robert Carter in violation of 18 U.S.C.A. § 1341. The scheme consisted of Thomas' obtaining gas station products and services in several different states through his unauthorized use of Robert Carter's Standard Oil credit card. Finding that Thomas' first point is foreclosed by prior decisions and that...

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