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U.S. v. SMITH

No. 90-8623.

934 F.2d 270 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Russell Dewey SMITH, Sr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 19, 1991.

Attorney(s) appearing for the Case

Daniel M. Roper, Rome, Ga., for defendant-appellant.

Robert F. Schroeder, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before KRAVITCH and CLARK, Circuit Judges, and GODBOLD, Senior Circuit Judge.

CLARK, Circuit Judge:

Appellant Smith was convicted on three counts of mail fraud1 and one count of conspiracy to commit mail fraud after participating in a scheme that involved staging an automobile accident, feigning an injury, and collecting $450 from State Farm Insurance Company. Smith was not personally at the scene of the "accident" but was taken to a hospital emergency room for treatment of the claimed injuries. Smith's co-conspirators...

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