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UNITED STATES v. WENTLAND

No. 77-5423.

582 F.2d 1022 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. E. John WENTLAND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 4, 1978.

Attorney(s) appearing for the Case

E. John Wentland, pro se.

John L. Riley, St. Petersburg, Fla. (Court-Appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Robert C. Weaver, Jr., David R. Addis, Dept. of Justice, Criminal Div., Fraud Section, Washington, D. C., William F. Duane, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before RONEY, RUBIN and VANCE, Circuit Judges.

VANCE, Circuit Judge.

On August 26, 1976, appellant, E. John Wentland, and five co-defendants were charged with aiding and abetting, mail fraud and conspiracy under 18 U.S.C. §§ 2, 1341 and 371. Appellant's first trial began on January 4, 1977. After three days of trial Wentland and one co-defendant were granted a severance and a mistrial. Wentland's second trial began on March 15 and also ended in a mistrial. Wentland was tried before a jury for the third...

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