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UNITED STATES v. HILDEBRAND

No. 73-3959.

506 F.2d 406 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Victor F. HILDEBRAND and Kenneth L. Smith, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 6, 1975.

Attorney(s) appearing for the Case

James M. Campbell, J. Russell Hornsby, Orlando, Fla., for defendants-appellants.

Robert V. Williams, Tampa, Fla., (Court-appointed), for Smith.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, D. Frank Winkles, Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

Appellants Hildebrand and Smith were found guilty by a jury and convicted on all twelve counts of an indictment charging them with wire and mail fraud. 18 U.S.C. §§ 2, 1341, and 1343. They received three-year concurrent sentences on each count.

They first contend that the evidence adduced at trial is insufficient to support their convictions. An examination of the record, however, belies their claims. Hildebrand and one McDevitt...

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