UNITED STATES v. HAGLER

No. 81-1334.

708 F.2d 354 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Peter A. HAGLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 30, 1982.


Attorney(s) appearing for the Case

Mark O. Heaney, Heaney, James & Hearn, Los Angeles, Cal., for plaintiff-appellee.

Julia Barash, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellant.

Before MERRILL, WRIGHT, and POOLE, Circuit Judges.


PER CURIAM:

Hagler was convicted of 13 counts of mail fraud. He was sentenced to one year in prison and a $1,000 fine on count 15, and placed on five-years probation on the other counts. On appeal, he contends and the government concedes that the convictions on five counts, including count 15, must be reversed because the mailings charged in those five counts were not in furtherance of the scheme to defraud.

We vacate the sentence and remand for dismissal...

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