U.S. v. AUBREY

No. 88-2501.

878 F.2d 825 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. David F. AUBREY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1989.


Attorney(s) appearing for the Case

Thomas S. Berg., Asst. Federal Public Defender, Roland E. Dahlin, Federal Public Defender, Houston, Tex., for defendant-appellant.

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

Before GEE, GARZA and JONES, Circuit Judges.


GARZA, Circuit Judge:

Appellant David Aubrey appeals from his conviction for mail fraud. He asserts that the evidence presented at trial was insufficient to prove that he possessed the requisite intent to commit that crime. In addition, he argues that the district court did not comply with the requirements of Fed.R.Crim.P. 32(c)(2)(D) during sentencing. On review, we find sufficient evidence to affirm his conviction for mail fraud. We are persuaded, however, that...

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