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U.S. v. LEE

No. 86-5578.

815 F.2d 971 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. David LEE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 1987.

Rehearing Denied May 5, 1987.

Attorney(s) appearing for the Case

David Alan Hirsch (Kenneth Roger Weiner; Weiner, Weiner & Weiner, Fairfax, Va., on brief), for defendant-appellant.

Sandra Strempel, Sp. Asst. U.S. Atty. (Henry E. Hudson, U.S. Atty., Alexandria, Va., on brief) for plaintiff-appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and MERHIGE, Senior United States District Judge for the District of Virginia, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

David S. Lee here appeals his conviction in United States District Court for the Eastern District of Virginia on six separate counts involving fraudulent credit card transactions. Lee complains that the statute on which four of the counts were premised, 18 U.S.C. § 1029, is unconstitutionally vague, and that the district court lacked jurisdiction under it. In addition, he insists that the indictment was tainted by government...

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