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UNITED STATES v. ELLIS

No. 82-7271.

709 F.2d 688 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Alonza ELLIS, Fred Crawford, and Benjamin Jordan, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 11, 1983.

Attorney(s) appearing for the Case

W. Troy Massey, Montgomery, Ala., for Jordan.

Solomon S. Seay, Jr., Montgomery, Ala., for Crawford.

Donald V. Watkins, Montgomery, Ala., for defendants-appellants.

D. Broward Segrest, Asst. U.S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before KRAVITCH and JOHNSON, Circuit Judges, and LYNNE, District Judge.

LYNNE, District Judge:

Tried jointly under a thirty-six count indictment charging violations of the mail fraud statute, 18 U.S.C. § 1341,1 each appellant, his motion for severance having been overruled, was convicted under a single count in which he alone was named. This appeal followed. Concluding that there was a misjoinder of defendants, Rule 8(b), Federal Rules of Criminal Procedure,2 we reverse.<...

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