U.S. v. ITALIANO

No. 88-259 CR-T-10(B).

701 F.Supp. 205 (1988)

UNITED STATES of America v. Nelson ITALIANO.

United States District Court, M.D. Florida, Tampa Division.

October 18, 1988.


Attorney(s) appearing for the Case

Terry A. Zitek, Chief, Crim. Div., U.S. Attorney's Office, Tampa, Fla., for U.S.

John R. Lawson, Tampa, Fla., for Italiano.


ORDER

HODGES, Chief Judge.

Before the Court is defendant Nelson Italiano's alternative motion to dismiss the indictment. Defendant was originally tried and convicted of one count of mail fraud, 18 U.S.C. § 1341. The Court of Appeals vacated defendant's conviction on the ground that the indictment failed to allege that either the County or State were defrauded of money or property by the defendant; it alleged only that the citizens were defrauded of...

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