UNITED STATES v. GATEWOOD

No. 82-2537.

733 F.2d 1390 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene D. GATEWOOD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 25, 1984.


Attorney(s) appearing for the Case

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

William G. Pharo, Asst. U.S. Atty., D. Colo., Denver, Colo. (Robert N. Miller, U.S. Atty., D. Colo., Denver, Colo., with him on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, McKAY, Circuit Judge, and MECHEM, Senior District Judge.


MECHEM, Senior District Judge.

Eugene D. Gatewood appeals from his convictions on two counts charging mail fraud in violation of 18 U.S.C. § 1341. The district court approved defendant's waiver of jury trial, and tried the case without a jury. Appellant was acquitted on a third count charging him with knowingly making a false material declaration in violation of 18 U.S.C. § 1623. Gatewood argues on appeal that the evidence was insufficient to

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