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UNITED STATES v. UPTAIN

No. 76-3677 Summary Calendar.

552 F.2d 1107 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Ray UPTAIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 29, 1977.

Attorney(s) appearing for the Case

Jerry A. Kirby, Monroe, La. (Court-Appointed), for defendant-appellant.

Donald E. Walter, U. S. Atty., Dosite H. Perkins, Jr., Brian P. Joffrion, Asst. U. S. Attys., Shreveport, La., for plaintiff-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

Appellant, Terry Ray Uptain, was indicted for wire fraud, a violation of 18 U.S.C. § 1343, arising out of his scheme to defraud Van T. and Zelda H. Bates of nearly $4000. He promised to deliver 260 cases of "The Living End," a "rectal cleaning agent," though he never did. The jury found him guilty on both counts, and he was sentenced to five years in prison on each count, sentences to run concurrently. We...

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