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UNITED STATES v. JOHNSTON

No. 76-2154 Summary Calendar.

547 F.2d 282 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. John Charles JOHNSTON, a/k/a Chuck, James A. Webber and Ronald Day Plumlee, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 28, 1977.

Attorney(s) appearing for the Case

David A. Demers, St. Petersburg, Fla., for John Charles Johnston and Ronald Day Plumlee.

Richard H. McInnis, Tampa, Fla. (court appointed), for James A. Webber.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Terrance A. Smiljanich, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before WISDOM, GEE and TJOFLAT, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 28, 1977.

WISDOM, Circuit Judge:

These three defendant-appellants appeal their convictions for mail fraud and conspiracy to commit mail fraud.1 They present four issues for review. First, they argue that they did not cause the United States mails to be used in connection with fraud. Second, they contend that the use of the mails was not sufficiently related to the fraudulent scheme to...

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