UNITED STATES v. BETHEA

Nos. 80-7651, 80-7756 and 80-7841.

672 F.2d 407 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Wentworth BETHEA, Kenneth Jerome Bragg, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Jerome BRAGG, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Roy Carson FUGATE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied June 1, 1982.


Attorney(s) appearing for the Case

Faulk & Landreau, Bob Faulk, Phenix City, Ala., Hornsby & Schmitt, A Professional Corp., Ernest C. Hornsby, Tallahassee, Ala., for Bragg.

David B. Byrne, Jr., Montgomery, Ala. (Court-appointed), for Bethea.

D. Broward Segrest, 1st Asst. U. S. Atty., Charles R. Niven, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before MORGAN, TJOFLAT and ANDERSON, Circuit Judges.


R. LANIER ANDERSON, III, Circuit Judge:

These consolidated appeals arise out of the prosecution of five persons under the Mail Fraud and Racketeering Influenced Corrupt Organization ("RICO") Acts and related forfeiture proceedings. Appellants Kenneth Jerome Bragg ("Bragg"), Anthony Wentworth Bethea ("Bethea"), Roy Carson Fugate ("Fugate") and two others were each charged in a seven-count indictment, including five counts of mail fraud under 18 U.S.C.A. § 1341...

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