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UNITED STATES v. MACKAY

Nos. 73-1328, 73-1329.

491 F.2d 616 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Richard MACKAY and Chester Brewer, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 6, 1973.

Rehearing Denied February 4, 1974.

Certiorari Denied April 29, 1974.

Attorney(s) appearing for the Case

Robert G. Mahony, Atty., Dept. of Justice (C. Nelson Day, U. S. Atty., D. Utah, on the brief), for plaintiff-appellee.

Philip I. Palmer, Jr. of Palmer, Palmer & Coffee, Dallas, Tex. (Jimi Mitsunaga of Mitsunaga & Ross, Salt Lake City, Utah, on the brief), for defendant-appellant Richard Mackay.

William F. Billings of Johnson, Guthrie & Billings, Dallas, Tex., for defendant-appellant Chester Brewer.

Before PICKETT, SETH and DOYLE, Circuit Judges.

Certiorari Denied April 29, 1974. See 94 S.Ct. 1996.

WILLIAM E. DOYLE, Circuit Judge.

The cause before us is a criminal prosecution in which the defendants Mackay and Brewer were charged with and convicted of violation of the mail fraud and securities fraud statutes. They were charged in nine counts with violation of 18 U.S.C. § 1341, using the mails to defraud, and in six counts of violating 15 U.S.C. § 78j(b) and 15 U.S.C. § 78ff. The jury...

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