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UNITED STATES v. DAVILA

No. 77-5427.

592 F.2d 1261 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Bernardo Moreno DAVILA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 24, 1979.

Attorney(s) appearing for the Case

Roy R. Barrera, Terrence McDonald, San Antonio, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, W. Ray Jahn, James W. Kerr, Jr., Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before COLEMAN, GEE and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 24, 1979.

GEE, Circuit Judge:

Davila was convicted of violating 18 U.S.C. § 1343, by using interstate telegraphic wire services in a scheme to defraud. The statute reads:

Fraud by wire, . . . Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to...

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