U.S. v. BOLING

No. 88-3130, 88-3216.

884 F.2d 924 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Connie Lee BOLING, a/k/a Heller Boling (88-3130); Thomas A. Lauback (88-3216), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1989.


Attorney(s) appearing for the Case

John M. DiPuccio (argued), Office of the U.S. Atty., Cincinnati, Ohio, Patty Merkamp Stemler, Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Daniel A. Brown (argued), Porter, Wright, Morris & Arthur, William J. Abraham (argued), Columbus, Ohio, for defendants-appellants.

Before ENGEL, Chief Judge, WELLFORD, Circuit Judge, and THOMAS, Senior District Judge.


SUPPLEMENTAL OPINION

In its original per curiam opinion, 869 F.2d 965 (6th Cir.1989), this panel found "that the jury could have found the essential elements of mail and wire fraud beyond a reasonable doubt on all counts against both Lauback and Boling." However, "because Boling's attorney was burdened by an active conflict of interest," the panel reversed "her [Boling's] conviction on the conspiracy count" and remanded for a new...

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