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U.S. v. VOGT

No. 88-5007.

910 F.2d 1184 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. David Jack VOGT, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1990.

Rehearing Denied August 16, 1990.

Attorney(s) appearing for the Case

Harry Martin Solomon, Miami, Fla., for defendant-appellant.

David Bernard Smith, Asst. U.S. Atty., argued (Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., on brief), for plaintiff-appellee.

Before RUSSELL, PHILLIPS, and MURNAGHAN, Circuit Judges.

PHILLIPS, Circuit Judge:

David Jack Vogt, Jr. appeals from a final judgment and commitment order entered on a jury verdict finding him guilty of a RICO violation under 18 U.S.C. § 1962(a), and of conspiring to defraud the government in violation of 18 U.S.C. § 371. We affirm his conviction on both counts.

I

In the light most favorable to the government, the critical facts, in summary, are as follows.

Vogt was a United States Customs...

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