U.S. v. HUBBARD

Nos. 95-10317, 95-10318.

96 F.3d 1223 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Michael David HUBBARD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Ray LYON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1996.


Attorney(s) appearing for the Case

Caro Marks, Arthur W. Ruthenbeck, Assistant Federal Defenders, Sacramento, CA, for defendant-appellant Michael Hubbard.

Dwight M. Samuel, Sacramento, CA, for defendant-appellant James Lyon.

Jeffrey B. Chasnow (argued), Kenneth L. Jost, Peter Ainsworth, Angela Gunter (on the brief), United States Department of Justice, Office of Consumer Litigation, Washington, DC, for plaintiff-appellee United States.

Before WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge.


TROTT, Circuit Judge:

OVERVIEW

Michael Hubbard and James Lyon were convicted of conspiracy to commit mail fraud related to an elaborate scheme of odometer tampering. They appeal the district court's denial of their Motion for Judgment of Acquittal, arguing (1) that there was insufficient evidence to support a charge of conspiracy, (2) that there was no "mailing" to bring their conduct within the mail fraud statute, (3) that there was no showing of specific...

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