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UNITED STATES v. DONDICH

No. 74-1947.

506 F.2d 1009 (1974)

UNITED STATES of America, Appellee, v. James H. DONDICH, Appellant.

United States Court of Appeals, Ninth Circuit.

November 22, 1974.

Attorney(s) appearing for the Case

Morton Berger, White Plains, N. Y., for appellant.

William D. Keller, U. S. Atty., Los Angeles, Cal., for appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and SCHWARTZ, District Judge.

OPINION

ALFRED T. GOODWIN, Circuit Judge:

James Dondich, who participated in a scheme to separate banks from their money by obtaining loans on worthless collateral, appeals his conviction of violation of 18 U.S.C. § 1341 (mail fraud) upon the ground that the government neglected to prove that he had used the mails within the meaning of § 1341. We agree, and reverse.

The only government evidence of mailing is found in the answer of a government...

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