UNITED STATES v. VAN DYKE

No. 79-5020.

605 F.2d 220 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph VAN DYKE, III, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1979.


Attorney(s) appearing for the Case

Richard J. Marco (Court appointed CJA), Cleveland, Ohio, for defendant-appellant.

James R. Williams, U. S. Atty., Ralph E. Cascarilla, Cleveland, Ohio, for plaintiff-appellee.

Before WEICK and MERRITT, Circuit Judges and PECK, Senior Circuit Judge.


WEICK, Circuit Judge.

Defendant-Appellant Van Dyke was indicted by the Federal Grand Jury in the Northern District of Ohio, Eastern Division for mail fraud in violation of 18 U.S.C. § 1341. The indictment contained 29 counts. During his trial by jury which lasted for nearly two months the Government dismissed two counts of the indictment for technical reasons and the jury found him guilty of three of the remaining 27 counts. He was sentenced pursuant to 18 U...

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