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UNITED STATES v. BOYER

No. 82-5143.

694 F.2d 58 (1982)

UNITED STATES of America v. Edward B. BOYER, Salvatore F. Geswaldo, Donald R. Kohl, Carl B. Benson. Appeal of Carl B. BENSON.

United States Court of Appeals, Third Circuit.

Decided November 29, 1982.

Attorney(s) appearing for the Case

Edgar M. Snyder, Snyder & Gainor, P.A., Pittsburgh, Pa., for appellant.

J. Alan Johnson, U.S. Atty., Paul J. Brysh, Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

Before GIBBONS, HIGGINBOTHAM and BECKER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) November 16, 1982.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Carl B. Benson's appeal from a judgment of sentence following his conviction for Mail Fraud and Securities Fraud presents the question, of first impression in this court, whether in prosecutions for violation of 18 U.S.C. §§ 1341, 2 and 15 U.S.C. §§ 77q(a) and 77x it is proper to charge that the specific intent to deceive may...

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