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UNITED STATES v. BUCHANAN

No. 75-3749.

544 F.2d 1322 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. James C. BUCHANAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 14, 1977.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, William W. Burge, Asst. Federal Public Defender, Mike DeGeurin, Juan E. Gavito, Asst. Federal Public Defenders, Houston, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., John Patrick Smith, Asst. U. S. Atty., Brownsville, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before JONES, WISDOM and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 14, 1977.

GODBOLD, Circuit Judge:

Defendant James C. Buchanan appeals from a jury conviction on seven counts of violating the federal mail fraud statute. 18 U.S.C. § 1341.1 The district court sentenced Buchanan to three years on each count, the terms to run concurrently.

Buchanan's "scheme" involved the creation of Union Postal Systems, Inc., a franchise arrangement whereby...

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