UNITED STATES v. McNEIVE

No. 75-1889.

536 F.2d 1245 (1976)

UNITED STATES of America, Appellee, v. James T. McNEIVE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 24, 1976.


Attorney(s) appearing for the Case

Charles A. Seigel, St. Louis, Mo.; Hyman G. Stein, St. Louis, Mo., on brief.

Terry I. Adelman, Asst. U. S. Atty., St. Louis, Mo.; Donal J. Stohr (former U. S. Atty.), Barry A. Short, U. S. Atty., effective May 15, 1976, and Terry I. Adelman, Asst. U. S. Atty., St. Louis, Mo., on brief.

Before GIBSON, Chief Judge, HEANEY and WEBSTER, Circuit Judges.


GIBSON, Chief Judge.

Defendant, James McNeive, was convicted in a jury trial on ten counts of violating the federal mail fraud statute, 18 U.S.C. § 1341 (1970). This appeal compels us to consider whether or not § 1341 can be extended to criminalize McNeive's receipt of gratuities as a public official.

A plenary consideration of the relevant facts in this case is necessary for a full understanding of the...

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