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U.S. v. OLATUNJI

No. 88-1851.

872 F.2d 1161 (1989)

UNITED STATES of America, Appellant, v. Koya OLATUNJI a/k/a "Femi Olatunji" a/k/a "Olatunji Ademoluyi".

United States Court of Appeals, Third Circuit.

Decided April 21, 1989.

Attorney(s) appearing for the Case

Michael M. Baylson, Walter S. Batty, Jr., U.S. Atty., Chief of Appeals, David M. Howard (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellant.

Creed C. Black, Jr. (argued), Samuel C. Milkman, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellee.

Before HIGGINBOTHAM, STAPLETON and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal seeks review of an order of the district court dismissing Count Two of a four count indictment returned against defendant-appellee Koya Olatunji ("Olatunji"). The government contends that the district court erred in dismissing Count Two which charges Olatunji with mail fraud in violation of 18 U.S.C. § 1341. We agree and will reverse.

I.

This case has been described as a "marriage...

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