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UNITED STATES v. HOWARD

Nos. 83-1456, 83-1461 and 83-1506.

751 F.2d 336 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Virgil HOWARD, Alan Kluger, and Albert Schrager, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 27, 1984.

Attorney(s) appearing for the Case

Vicki Mandell-King, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., with her on brief), for defendant-appellant Virgil Howard.

Patrick J. Burke of Renner, Rodman & Burke, Denver, Colo., for defendant-appellant Alan Kluger.

J. Terry Wiggins, Denver, Colo., for defendant-appellant Albert Schrager.

Charles H. Torres, Asst. U.S. Atty., Dist. of Colo., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with him on brief), for plaintiff-appellee.

Before McKAY, McWILLIAMS and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

Messrs. Schrager, Howard, and Kluger were indicted along with Messrs. D'Huyssee and Darden under a five-count indictment alleging that they participated in a scheme and artifice to defraud and obtained money or property by means of false and fraudulent pretenses, representations and promises in violation of 18 U.S.C. §§ 2, 1343, and 2314.

The indictment alleged that the defendants made a series of misrepresentations to their...

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