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U.S. v. BRYAN

No. 94-5124.

58 F.3d 933 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Elton E. BRYAN, a/k/a Butch, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1995.

Attorney(s) appearing for the Case

ARGUED: Jerald Elton Jones, West & Jones, Clarksburg, WV, for appellant.

Michael Lee Keller, Asst. U.S. Atty., Charleston, WV, for appellee.

ON BRIEF: John S. Kaull, West & Jones, Clarksburg, WV, for appellant.

Rebecca A. Betts, U.S. Atty., Charleston, WV, for appellee.

Before LUTTIG, Circuit Judge, MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation, and CURRIE, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part and reversed in part by published opinion.

Judge LUTTIG wrote the opinion, in which Judge MICHAEL and Judge CURRIE joined.

OPINION

LUTTIG, Circuit Judge:

Appellant, Elton "Butch" Bryan, is a former director of the West Virginia Lottery. In September 1993, a federal jury in Charleston, West Virginia found Bryan guilty of two counts of mail fraud in violation of 18 U.S.C. §§ 1341, 1346, one count of wire fraud in...

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