UNITED STATES v. KLAUBER

No. 78-5169.

611 F.2d 512 (1979)

UNITED STATES of America, Appellee, v. Gerald N. KLAUBER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1979.


Attorney(s) appearing for the Case

Michael E. Marr, Baltimore, Md. (Joseph L. Evans, Baltimore, Md., on brief), for appellant.

Herbert Better, Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., and Joshua R. Treem, Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and MURNAGHAN, Circuit Judges.


MURNAGHAN, Circuit Judge:

Gerald N. Klauber was indicted on 26 counts under the mail fraud statute, 18 U.S.C. § 1341, and one count of racketeering under 18 U.S.C. § 1962.1 Ten of the mail fraud counts were nolle prossed prior to trial. The jury found Klauber guilty on the sixteen remaining mail fraud counts and on the racketeering count.

The scheme or artifice to defraud and the pattern of racketeering activity asserted...

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