UNITED STATES v. SHULTZ

No. 72-2074.

482 F.2d 1179 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Richard SHULTZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 11, 1973.


Attorney(s) appearing for the Case

Bruce S. Kramer, Memphis, Tenn., for defendant-appellant; Rosenfield, Borod, Bogatin & Kremer, Memphis, Tenn., of counsel.

Glen Reid, Jr., Asst. U. S. Atty., for plaintiff-appellee; Thomas F. Turley, Jr., U. S. Atty., W. D. Tenn., Memphis, Tenn., on brief.

Before PHILLIPS, Chief Judge, and McCREE, Circuit Judge, and PRATT, District Judge.


PHILLIPS, Chief Judge.

Shultz seeks a reversal of his conviction on a two count indictment. The jury found him guilty of a violation of the mail fraud statute, 18 U.S.C. § 1341, and of causing to have transported a counterfeit stereo tape cartridge recording in interstate commerce. 18 U.S.C. § 2318. Shultz attacks the sufficiency of the evidence on each count of the indictment and asserts that the mail fraud statute cannot be used to punish activities protected...

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