UNITED STATES v. HEFFINGTON

No. 81-1296.

682 F.2d 1075 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Merle HEFFINGTON, Russell Preston White, Jr. and Anthony Frank Giella, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 30, 1982.


Attorney(s) appearing for the Case

Jack Banner, Wichita Falls, Tex., for Heffington.

Lawrence B. Mitchell, Dallas, Tex., for White.

Burleson, Pate & Gibson, Michael P. Gibson, Dallas, Tex., for Giella.

Richard H. Stephens, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GARZA, POLITZ and WILLIAMS, Circuit Judges.


GARZA, Circuit Judge:

Defendants-Appellants, Walter Merle Heffington, Anthony Frank Giella and Russell Preston White, Jr., appeal from convictions arising from a thirteen-count indictment filed in March, 1981. The indictment charged appellants with conspiracy to defraud in violation of 18 U.S.C. § 371 (Count 1), inducing investors to travel in interstate commerce in the execution of a scheme to defraud in violation of 18 U.S.C. § 2314 (Counts 2 through 4...

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