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U.S. v. YARNELL

No. 96-3029.

129 F.3d 1127 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Van Ray YARNELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 13, 1997.

Attorney(s) appearing for the Case

Scott C. Gyllenborg, Norton, Hubbard, Ruzicka & Kreamer, Olathe, KS, argued the cause, for appellant.

Robert S. Streepy, Assistant United States Attorney, Kansas City, KS, argued the cause, for appellee. Jackie N. Williams, United States Attorney, Kansas City, KS, assisted on the brief.

Before EBEL, LOGAN, and KELLY, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellant Van Ray Yarnell, through his wholly-owned company Five Star Towing, recruited drivers to drive tow trucks. The drivers were required to pay Five Star Towing about $4,000 each as down payments on their tow truck leases. Thirty-six recruited drivers paid their money to Five Star Towing, but received neither tow trucks nor refunds. Five Star Towing then went bankrupt. A jury convicted Yarnell of two counts of mail fraud, although...

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