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U.S. v. LANGFORD

No. 89-3754.

946 F.2d 798 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Fred L. LANGFORD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 5, 1991.

Attorney(s) appearing for the Case

John M. Fitzgibbons, Tampa, Fla., for defendant-appellant.

James Powers, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellee.

Before POWELL, Associate Justice, TJOFLAT, Chief Judge, and KRAVITCH, Circuit Judge.

TJOFLAT, Chief Judge:

The principal issue in this appeal, an issue of first impression in this circuit, is whether the use of multiple mailings or instrumentalities of interstate commerce in furtherance of a conspiracy to defraud a purchaser of securities can form the basis of multiple counts of an indictment under the provisions of 15 U.S.C. §§ 78j(b), 78ff, and Rule 10b-5.1 We hold that it cannot.

I.

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