UNITED STATES v. HAMILTON

No. 82-1189.

694 F.2d 398 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Lee HAMILTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 1982.


Attorney(s) appearing for the Case

Victor K. Sizemore, Mary Lane Broaddus, El Paso, Tex., for defendant-appellant.

Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, GEE and JOLLY, Circuit Judges.


PER CURIAM:

Appellant Hamilton, the record demonstrates, engaged in a lengthy and intensive fraud on his employer by selling merchandise to a friend at half price, the payment checks being made out to Hamilton. There can be no doubt whatever, on this record, that Hamilton has violated the criminal laws and egregiously cheated his employer. The proof that he committed the specific crime of which he was convicted, however, is called in question in this appeal; and a...

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