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UNITED STATES v. HARVEY

No. 75-1846.

540 F.2d 1345 (1976)

UNITED STATES of America, Appellee, v. James A. HARVEY, a/k/a Ray Stewart, a/k/a Joseph R. Stewart, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1976.

Attorney(s) appearing for the Case

R. David Lewis, Little Rock, Ark., for appellant.

Samuel A. Perroni, Asst. U. S. Atty., Little Rock, Ark., for appellee; W. H. Dillahunty, U. S. Atty., Little Rock, Ark., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

James Allen Harvey appeals from his conviction by jury of violation of the Wire Fraud Act, 18 U.S.C. § 1343, by use of a device sometimes known as a "blue box". Such a device circumvents the billing system of telephonic communication carriers and allows a caller to place long distance calls without charge. To utilize a "blue box" device, a caller first completes a long distance call to a toll free telephone number. The device is then operated...

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