UNITED STATES v. MIRABILE

No. 74-1367.

503 F.2d 1065 (1974)

UNITED STATES of America, Appellee, v. Jasper J. MIRABILE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 15, 1974.

Rehearing Denied November 7, 1974.


Attorney(s) appearing for the Case

James L. Rider, Washington, D. C., for appellant.

Michael A. DeFeo, Sp. Atty., Dept. of Justice, Kansas City, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.


STEPHENSON, Circuit Judge.

The primary focus of this appeal is the federal mail fraud statute, 18 U.S.C. § 1341 (1970). Issues have been raised regarding the scope of that statute and its applicability in the context of a state misdemeanor violation, namely, fraudulent misrepresentation of gross sales on sales/use tax returns. In addition, this appeal challenges the trial court's denial of a motion to dismiss on the basis of selective and discriminatory prosecution...

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