UNITED STATES v. GIARRATANO

No. 79-5595 Summary Calendar.

622 F.2d 153 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Steve F. GIARRATANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 15, 1980.


Attorney(s) appearing for the Case

Daniel J. Markey, Jr., New Orleans, La., for defendant-appellant.

Veta Carney, Robert J. Boitmann, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Before AINSWORTH, FAY and RANDALL, Circuit Judges.


RANDALL, Circuit Judge:

Appellant Steve F. Giarratano was charged in a two-count indictment with mail fraud in violation of 18 U.S.C. §§ 1341 and 2.1 The jury returned a verdict of guilty on Count I and acquitted on Count II. Giarratano moved for a judgment of acquittal on Count I, which was granted on the basis that the evidence concerning the mailing related to Count I was not sufficient to support a finding of guilt. During...

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