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UNITED STATES v. GREEN

No. 73-1210.

494 F.2d 820 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Rita Carpenter GREEN and Richard William Payne, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 16, 1974.

Attorney(s) appearing for the Case

L. Lynn Elliott, Dallas, Tex. (Court-appointed), for defendants-appellants.

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Charles D. Cabaniss, Roger J. Allen, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and AINSWORTH and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 16, 1974.

AINSWORTH, Circuit Judge:

Appellants Richard William Payne and Rita Carpenter Green were each convicted on nine counts of violation of the federal mail fraud statute, 18 U.S.C. § 1341, for devising a scheme to defraud through the unlawful use of credit cards. They were each sentenced to five years' imprisonment on each of the first two counts, these terms to run consecutively. Sentences on the remaining...

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