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UNITED STATES v. KELLY

No. 76-2236.

569 F.2d 928 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Neil KELLY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 10, 1978.

Attorney(s) appearing for the Case

Charles E. Moore, Jr., W. Larue Boyce, Jr., Atlanta, Ga., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., James Lloyd Whitten, Asst. U. S. Atty., Miami, Fla., Mark S. Davidson, Dept. of Justice, Atty., Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, GEWIN and TJOFLAT, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Harry Neil Kelly was tried by a jury and convicted on all counts of a three-count indictment charging violations of 18 U.S.C. §§ 2314, 2, & 371, in that he caused and conspired to cause a person to travel in interstate commerce in execution of a scheme to defraud.1 On appeal Kelly challenges: (1) the sufficiency of the evidence to support his conviction, (2) failure to charge the jury on accomplice...

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