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UNITED STATES v. BIGGS

Nos. 82-5236(L), 82-5237 and 82-5256.

761 F.2d 184 (1985)

UNITED STATES of America, Appellee, v. William F. BIGGS, Appellant. UNITED STATES of America, Appellee, v. William F. BIGGS, Appellant. UNITED STATES of America, Appellant, v. William F. BIGGS, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1985.

Attorney(s) appearing for the Case

Marye L. Wright, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Charleston, W.Va., on brief), for appellant.

Robert L. Jennings, Gainesville, Fla. (Grafton B. Wilson, II; Schwartz & Wilson, Gainesville, Fla., on brief), for appellee.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and MERHIGE, United States District Judge for the Eastern District of Virginia, sitting by designation.

HARRISON L. WINTER, Chief Judge:

A jury found defendant William F. Biggs guilty of "travel fraud" under 18 U.S.C. § 2314. The "travel fraud" statute proscribes inducing another to travel in interstate commerce in furtherance of a scheme to defraud him of money or property having a value of $5,000 or more.1 The fraudulent scheme alleged here was that Biggs solicited investments to open a coal mine, but in fact appropriated the majority...

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