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UNITED STATES v. HOPKINS

Nos. 81-1271, 82-1100.

744 F.2d 716 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Amos A. HOPKINS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Larry PETERMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Submission Vacated July 10, 1984.

Attorney(s) appearing for the Case

Mary E. Bane, of Oyler, Smith & Bane, Oklahoma City, Okl., for defendant-appellant in 81-1271.

Jerome H. Mooney, Mooney & Smith, Salt Lake City, Utah, Michael P. Carnes, Dallas, Tex., James H. Barrett, Cheyenne, Wyo., for defendant-appellant in 82-1100.

David L. Russell, U.S. Atty., John R. Osgood, Asst. U.S. Atty., Oklahoma City, Okl., for plaintiff-appellee in 81-1271.

Richard A. Stacy, U.S. Atty., Francis Leland Pico, Asst. U.S. Atty., Cheyenne, Wyo., for plaintiff-appellee in 82-1100.

Before SETH, Chief Judge, HOLLOWAY, McWILLIAMS, BARRETT, McKAY, LOGAN and SEYMOUR, Circuit Judges.

Submission to Panel in No. 82-1100 Vacated July 10, 1984.

SETH, Chief Judge.

These two cases were consolidated for en banc consideration on the briefs on motion by the court.

In United States v. Hopkins, 81-1271, the defendant was tried and convicted on a multiple count indictment charging mail fraud (18 U.S.C. §§ 2 and 1341) and conspiracy to use the mails to defraud. The only issue considered by the court en banc was whether adequate...

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