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U.S. v. SCHMUCK

No. 84-1317.

840 F.2d 384 (1988)

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

United States Court of Appeals, Seventh Circuit.

Decided January 21, 1988.

Attorney(s) appearing for the Case

Peter L. Steinberg, Cambridge, Mass., for defendant-appellant.

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

Before BAUER, Chief Judge, CUMMINGS, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, and RIPPLE, Circuit Judges, and SWYGERT and FAIRCHILD, Senior Circuit Judges.

Reheard En Banc June 9, 1986.

FAIRCHILD, Senior Circuit Judge.

In United States v. Schmuck, 776 F.2d 1368 (7th Cir.1985), a divided panel decided that under the facts of this mail fraud prosecution, the offense of knowing and willful odometer alteration was a lesser included offense within the charged offense of mail fraud. Defendant's conviction was reversed, therefore, because...

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