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UNITED STATES v. LEAL

No. 84-2132.

781 F.2d 1108 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Richard LEAL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 3, 1986.

Attorney(s) appearing for the Case

Daniel K. Hedges, U.S. Atty., James R. Gough, James L. Powers, Linda L. Lattimore, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellant.

William H. Rosch, III, Neil McCabe, Houston, Tex., for defendant-appellee.

Before GEE and JOHNSON, Circuit Judges, and FISHER, District Judge.

GEE, Circuit Judge:

In a jury trial before the United States District Court for the Southern District of Texas, appellee Richard Leal was found guilty of violating 18 U.S.C. § 1343 by using wire communications to further a fraudulent scheme. The district court then, without explanation, granted Leal's motion for a new trial. The parties agreed to waive a jury trial, instead submitting the transcripts of the first trial to the court. After reviewing this evidence...

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