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UNITED STATES v. CLAPPS

Nos. 83-3421, 83-3434.

732 F.2d 1148 (1984)

UNITED STATES of America v. Bob A. CLAPPS, Appellant. UNITED STATES of America v. Robert T. POWELL, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 19, 1984.

Rehearing Denied May 10, 1984.

Attorney(s) appearing for the Case

Charles P. Gelso, Wilkes-Barre, Pa., for appellant, Bob A. Clapps.

David Dart Queen, U.S. Atty., Albert R. Murray, Jr., Asst. U.S. Atty., Scranton, Pa., for appellee.

Ronald D. Oley, Wilkes-Barre, Pa., for appellant, Robert T. Powell.

Before GIBBONS, SLOVITER, Circuit Judges, and BISSELL, District Judge.

Submitted Under Third Circuit Rule 12(6) April 3, 1984.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Bob A. Clapps and Robert T. Powell were convicted of conspiracy and substantive charges of mail fraud in violation of 18 U.S.C. § 1341 through the fraudulent procurement and marking of absentee ballots in connection with two primary elections and a general election. The defendants' first trial ended in a deadlocked jury and a mistrial was declared...

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