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UNITED STATES v. CONSTANT

No. 73-4015.

501 F.2d 1284 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas CONSTANT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 4, 1974.

Attorney(s) appearing for the Case

J. V. Eskenazi, Federal Public Defender (Court-appointed, not under Act), Edward B. Greene, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Donald C. Ferguson, Don R. Boswell, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before WISDOM and CLARK, Circuit Judges, and GROOMS, District Judge.

WISDOM, Circuit Judge:

Thomas Constant appeals from his conviction for causing the use of the United States mails to further a scheme or artifice to defraud, in violation of 18 U.S.C. § 1341.1 He advances four grounds for reversal. First, he contends that counts one and fourteen of his indictment were defective in that they failed to allege that his scheme "contemplated or caused the use...

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