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UNITED STATES v. GOLUB

No. 79-1577.

694 F.2d 207 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Robert D. GOLUB, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 25, 1983.

Attorney(s) appearing for the Case

Linda Surbaugh, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., with her on brief), Denver, Colo., for plaintiff-appellee.

Thomas A. Wallace, Denver, Colo., for defendant-appellant.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

This case is before us following a partial remand to the district court, pursuant to our en banc order. A brief recitation of the litigative history will facilitate our review.

Robert H. Golub (Golub) was charged in an eight count indictment on February 24, 1979, with mail fraud and with transportation of money obtained by fraud in violation of 18 U.S.C.A. §§ 1341 and 2314. Golub was arraigned on February 24, 1979,...

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