Nos. 85-5040(L), 85-5041.

857 F.2d 234 (1988)

UNITED STATES of America, Appellee, v. Charles D. PRICE, Appellant. UNITED STATES of America, Appellee, v. Herman O. McMAHAN, Appellant.

United States Court of Appeals, Fourth Circuit.

September 20, 1988.

Attorney(s) appearing for the Case

Coming B. Gibbs, Jr., Anthony F. Gonzales (Gibbs & Holmes; Samuel R. Mandelbaum, on brief) for appellants.

Dale L. DuTremble, Asst. U.S. Atty. (Vinton D. Lide, U.S. Atty., on brief) for appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

HILTON, District Judge:

This matter came before the court on remand from the United States Supreme Court. McMahan v. United States, ___ U.S. ___, 107 S.Ct. 3254, 97 L.Ed.2d 754 (1987). The defendants were convicted in district court in South Carolina on charges of mail fraud and embezzlement on November 12, 1984. On April 14, 1986, this court reversed the convictions on the embezzlement grounds, and affirmed the convictions on the mail fraud and conspiracy...

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