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U.S. v. MILLER

No. 90-3512.

952 F.2d 866 (1992)

UNITED STATES of America, Plaintiff-Appellee Cross-Appellant, v. Marsden W. MILLER, Jr., and William C. Huls, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

January 23, 1992.

Attorney(s) appearing for the Case

John M. McCollam, Robert B. Wiygul, Gordon, Arata, McCollam & Duplantis, New Orleans, La., William T. D'Zurilla, Francis M. Bouillion, Benjamin B. Blanchet, Lafayette, La., Edward M. Booth, Jacksonville, Fla., for Marsden W. Miller, Jr.

Camille F. Gravel, Jr., Alexandria, La., William H. Jeffress, Jr., Miller, Cassidy, Larroca & Lewin, Washington, D.C., for William C. Huls.

P. Raymond Lamonica, U.S. Atty., Baton Rouge, La., James M. Cole, Deputy Chief, Public Integrity Section, U.S. Dept. of Justice, Washington, D.C., for U.S.

Before BROWN, KING, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Following the reversal by this Court of the mail fraud convictions of defendants-appellants Marsden W. Miller, Jr. (Miller) and William C. Huls (Huls) because the indictment and the jury instructions permitted the jury to convict without finding the deprivation of a property right, the government brought a new indictment. In this pretrial appeal, both Miller and Huls appeal from the district court's order denying their motions to dismiss the...

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