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UNITED STATES v. CUSINO

No. 81-1631.

694 F.2d 185 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred J. CUSINO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1982.

Attorney(s) appearing for the Case

J. Frank McCabe, San Francisco, Cal., for defendant-appellant.

Mark N. Zanides, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before BROWNING, PREGERSON, and POOLE, Circuit Judges.

PREGERSON, Circuit Judge:

Cusino appeals his conviction of one count of mail fraud and six counts of wire fraud in violation of 18 U.S.C. §§ 1341 and 1343. He contends that the evidence was insufficient to support a guilty verdict and that the district court erred in giving and omitting certain jury instructions. At oral argument the Government conceded that the evidence was insufficient to support the mail fraud conviction. We affirm the conviction of six...

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