No. 94-2008.

40 F.3d 936 (1994)

UNITED STATES of America, Appellee, v. Cecil Eugene BALLEW, a/k/a Eugene Ballew, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 18, 1994.

Rehearing and Suggestion for Rehearing Denied December 28, 1994.

Attorney(s) appearing for the Case

Ilene A. Goodman, St. Louis, MO, for appellant.

Michael A. Price, Asst. U.S. Atty., St. Louis, MO, for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied December 28, 1994.

BOWMAN, Circuit Judge.

Cecil Eugene Ballew was tried before a jury and convicted of one count of mail fraud and one count of wire fraud in violation of 18 U.S.C. §§ 1341, 1343. The fraud charges against Ballew stemmed from a false claim that his red 1987 Chevrolet pick-up truck had been stolen. The District Court1 sentenced Ballew to 21 months in...

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