U.S. v. BURKS

No. 88-3334.

867 F.2d 795 (1989)

UNITED STATES of America v. BURKS, (M.D.) Charles J. Appeal of Charles J. BURKS, M.D.

United States Court of Appeals, Third Circuit.

Decided February 14, 1989.

Rehearing Denied March 9, 1989.


Attorney(s) appearing for the Case

William F. Manifesto, Ellen Viakely (argued), Manifesto, Doherty & Donahoe, P.C., Pittsburgh, Pa., for appellant.

Paul J. Brysh, Bonnie Schleutter (argued), Asst. U.S. Atty., Pittsburgh, Pa., for U.S.

Before HIGGINBOTHAM, COWEN and ALDISERT, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from the final judgment of conviction and sentence imposed upon Appellant, Charles J. Burks, M.D., pursuant to a jury verdict of guilt of mail fraud in violation of 18 U.S.C. § 1341 (1982). The Appellant contends that his conviction cannot stand because there was insufficient evidence of record for the jury reasonably to conclude that he wilfully participated in a scheme...

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