UNITED STATES v. SCHMUCK

No. 84-1317.

776 F.2d 1368 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne T. SCHMUCK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 12, 1985.


Attorney(s) appearing for the Case

Peter L. Steinberg, Equal Justice Institute, Cambridge, Mass., for defendant-appellant.

John W. Vaudreuil, Asst. U.S. Atty., Madison, Wis., for plaintiff-appellee.

Before FLAUM, Circuit Judge, and SWYGERT and FAIRCHILD, Senior Circuit Judges.


SWYGERT, Senior Circuit Judge.

Defendant Wayne T. Schmuck appeals from his conviction of twelve counts of mail fraud, 18 U.S.C. § 1341 (1982). Because the defendant was improperly denied an instruction on a lesser included offense, we reverse and remand for a new trial.

The defendant concedes that he willfully rolled back odometers in order to sell used cars for inflated prices, a federal misdemeanor. 15 U.S.C. §§ 1984, 1990c(a) (1982). Nevertheless...

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