U.S. v. SMITH

No. 93-3159.

13 F.3d 1421 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Brenda Lu SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 6, 1994.


Attorney(s) appearing for the Case

Julie A. Robinson, Asst. U.S. Atty. (Randall K. Rathbun, U.S. Atty., with her on the brief), Kansas City, KS, for plaintiff-appellee.

James R. Wyrsch (Ronald D. Lee, Cheryl A. Pilate, with him on the brief) of Wyrsch, Atwell, Miriakian, Lee & Hobbs, P.C., Kansas City, MO, for defendant-appellant.

Before: BALDOCK, ALDISERT, and BRORBY, Circuit Judges.


ALDISERT, Circuit Judge.

In this appeal by Brenda Lu Smith from her conviction for mail fraud and money laundering, the major question for decision is whether she was entitled to a "good faith" jury instruction as a defense to charges of using the mails to defraud. We hold that she was not.

We must decide also whether the district court erred in including the word "attempt" in the mail fraud jury instruction, in failing to dismiss several counts of the indictment...

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