UNITED STATES v. PISCIOTTA

No. 72-1065.

469 F.2d 329 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Sam PISCIOTTA, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 10, 1973.


Attorney(s) appearing for the Case

James W. Treece, U. S. Atty., W. Allen Spurgeon, Asst. U. S. Atty., Denver, Colo., for plaintiff-appellee.

Anthony F. Zarlengo, and Howard M. Kirshbaum, Denver, Colo., for defendant-appellant.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and THEIS, District Judge.


THEIS, District Judge.

The appellant, Sam Pisciotta, Jr., appeals from his conviction on four counts of an eight count indictment charging him with violations of 18 U.S.C.A. § 1341 (mail fraud) and 18 U.S.C.A. § 371 (conspiracy). The trial court dismissed Counts Two, Three and Four, and the jury found appellant not guilty as to Count Six. In substance, the indictment charged appellant with conceiving, organizing and executing a scheme to defraud no fewer...

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