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UNITED STATES v. MEADOWS

No. 78-5572.

598 F.2d 984 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donald E. MEADOWS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 13, 1979.

Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender, Atlanta, Ga., for defendant-appellant.

Janis H. Kockritz, Atty., Dept. of Justice, Appellate Sect., Crim. Div., Washington, D. C., for plaintiff-appellee.

Before TUTTLE, GODBOLD and RUBIN, Circuit Judges.

TUTTLE, Circuit Judge:

Meadows was a CETA1 employee who, through an administrative error, received duplicate paychecks and cashed them until the mistake was discovered. He was convicted of "obtain[ing] by fraud" the duplicate paychecks in violation of 18 U.S.C. § 665. Because the district court improperly charged the jury in its definition of fraud as applied to the facts of the case, we reverse and remand for a new trial. Other issues...

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