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UNITED STATES v. GARDNER

No. 73-2683.

490 F.2d 840 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Bradford L. GARDNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 8, 1974.

Attorney(s) appearing for the Case

D. Russell Stahl, Tampa, Fla (Court-appointed), Champ Lyons, Jr., Montgomery, Ala., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Oscar Blasingame, Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

Bradford L. Gardner was convicted of six counts of mail fraud under 18 U.S.C. § 1341 connected with alleged improper use of a Master Charge Credit Card, and of one count of using a fictitious name to carry out such fraud, under 18 U.S.C. § 1342. We withheld our opinion pending the outcome of United States v. Maze, ___ U.S. ___, 94 S.Ct. 645, 38 L.Ed.2d 603 [1974]. This decision on facts which were substantially identical to the instant case held...

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