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UNITED STATES v. OXMAN

Nos. 83-1531, 83-1532.

740 F.2d 1298 (1984)

UNITED STATES of America v. Harold OXMAN, Appellant. UNITED STATES of America v. William H. PFLAUMER, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 1, 1984.

Rehearing and Rehearing Denied September 12 and September 28, 1984.

Attorney(s) appearing for the Case

Thomas Q. Ciccone, Jr., Philadelphia, Pa., for appellant, Harold Oxman.

Donald J. Goldberg (argued), Philadelphia, Pa., Joseph A. Tate, Stephen D. Brown, Jeffrey W. Golan, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant, William H. Pflaumer.

Edward S.G. Dennis, Jr., U.S. Atty., E.D. Pa., Philadelphia, Pa., Sidney M. Glazer, Karen I. Skrivseth, Attys., Dept. of Justice, Washington, D.C., Ronald G. Cole (argued), Sp. Atty., Dept. of Justice, Philadelphia, Pa., for appellee.

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

Rehearing and Rehearing In Banc Denied September 12 and September 28, 1984.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Harold Oxman and William H. Pflaumer appeal from sentences imposed following their convictions of mail fraud, 18 U.S.C. § 1341 (1982), and conspiracy to commit mail fraud, 18 U.S.C. § 371 (1982). Their convictions arise from a scheme to defraud the states of Pennsylvania, Maryland, and New Jersey of fuel excise and road...

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