UNITED STATES v. WESTBO

No. 77-1368.

576 F.2d 285 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. J. Robert WESTBO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 11, 1978.

Rehearing Denied June 28, 1978.


Attorney(s) appearing for the Case

Arthur H. Bosworth, II, Bosworth & Slivka, Denver, Colo., for appellant.

Richard N. Stuckey, Asst. U. S. Atty., Denver, Colo. (Joseph Dolan, U. S. Atty., Denver, Colo., on the brief), for appellee.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.


McKAY, Circuit Judge.

Defendant J. Robert Westbo was indicted on two counts of mail fraud (18 U.S.C. § 1341) and two counts of wire fraud (18 U.S.C. § 1343). He was acquitted of the mail fraud counts but was convicted of the two wire fraud counts after a jury trial. Defendant does not challenge the sufficiency of the evidence on appeal. He contends, however, that he failed to receive a fair trial because (1) the jury heard prejudicial evidence relating to...

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