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UNITED STATES v. BOHONUS

No. 79-1449.

628 F.2d 1167 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry R. BOHONUS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 27, 1980.

Attorney(s) appearing for the Case

Dale A. Danneman, Asst. U. S. Atty., Phoenix, Ariz., for the U. S.

David M. Ochoa, Asst. Federal Public Defender, Phoenix, Ariz., for Jerry Bohonus.

Before TRASK, TANG and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

The government appeals the dismissal of an indictment against the defendant Jerry R. Bohonus on 12 counts of mail fraud in violation of 18 U.S.C. § 1341.1

The district court dismissed the indictment on the ground that § 1341, as applied to the defendant, was unconstitutionally vague. The court also held that the indictment did not allege facts constituting...

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