U.S. v. VONTSTEEN

No. 88-2331.

872 F.2d 626 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald VONTSTEEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 1989.


Attorney(s) appearing for the Case

H. Michael Sokolow, Asst. Federal Public Defender, Roland E. Dahlin, Fed. Public Defender, Houston, Tex., for defendant-appellant.

Paula M. Offenhauser, Asst. U.S. Atty., Henry Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GARWOOD, JONES, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In this case, we must determine whether invoices mailed by defrauded sellers to the perpetrator of a fraud can constitute a sufficient jurisdictional basis for a federal mail fraud prosecution without additional, specific proof of how the invoices advanced, or were integral to, the scheme to defraud. Concluding that under the specific facts of this case there is no such jurisdictional basis, we reverse defendant's conviction for mail...

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