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UNITED STATES v. VENNERI

No. 82-5341.

736 F.2d 995 (1984)

UNITED STATES of America, Appellee, v. Joseph VENNERI, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 1984.

Attorney(s) appearing for the Case

Goeffrey P. Gitner, Washington, D.C. (William F. Krebs, Scherr, Krebs & Gitner, Washington, D.C., on brief), for appellant.

Michael Schatzow, Asst. U.S. Atty., Baltimore, Md. (J. Frederick Motz, U.S. Atty., Baltimore, Md., on brief), for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and YOUNG, District Judge.

JOSEPH H. YOUNG, District Judge.

Joseph Venneri was convicted on three counts of mail fraud. 18 U.S.C. § 1341. On appeal Venneri asserts that the trial judge erred by: (1) improperly instructing the jury as to the elements of a "scheme to defraud" an employer of the honest and faithful services of its employee, (2) improperly instructing the jury that competitors and potential competitors had a right to compete for business on the basis of merit, quality, and...

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