OPINION OF THE COURT
WEIS, Circuit Judge.
In this appeal from mail fraud convictions, we reject the defendant's contention that the prosecution was required to account for a forty-one month pre-indictment delay. Although convictions of two counts will be affirmed, a third must be vacated because the cited mailing was not in furtherance of the scheme.
Defendant Herbert Otto was indicted on six counts of mail fraud. A jury acquitted him of three counts...
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