UNITED STATES v. FOSTER

No. 77-1063.

580 F.2d 388 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Michael S. FOSTER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 24, 1978.


Attorney(s) appearing for the Case

Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah (Ramon M. Child, former U. S. Atty., Brent Ward, Asst. U. S. Atty., Salt Lake City, Utah, on the brief), for plaintiff-appellee.

Phil L. Hansen, Salt Lake City, Utah, for defendant-appellant.

Before DOYLE and McKAY, Circuit Judges, and STANLEY, Senior District Judge.


STANLEY, Senior District Judge.

This case arose out of the alleged use by the defendant-appellant of a multi-frequency signal generator (commonly known as a "blue box") for the purpose of circumventing the charges on interstate long-distance telephone calls placed by him. He was convicted of fraud by wire in violation of 18 U.S.C. § 1343. We have held that section applicable to the unlawful use of an electronic device...

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