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U.S. v. MILLS

No. 96-8594.

138 F.3d 928 (1998)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Margie B. MILLS, Defendant-Appellant, Robert Jack Mills, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 10, 1998.

Attorney(s) appearing for the Case

James K. Jenkins, W. Bruce Maloy, Maloy & Jenkins, Atlanta, GA, for R. Mills.

John J. Ossick, Jr., Kingsland, GA, Scott Srebnick, Miami, FL, for M. Mills.

Harry D. Dixon, U.S. Atty., Thomas A. Withers, Asst. U.S. Atty., Savannah, GA, Thomas M. Gannon, Appellate Section, Criminal Division, Dept. of Justice, Washington, DC, for United States.

Before HATCHETT, Chief Judge, and EDMONDSON and COX, Circuit Judges.

COX, Circuit Judge:

Robert J. ("Jack") Mills and his wife, Margie B. Mills,1 appeal their convictions and sentences for false statements, mail fraud, Medicare fraud, and witness tampering. We affirm their convictions and vacate their sentences. The Government cross-appeals the district court's post-trial judgment of acquittal on several mail fraud counts against Jack. We reverse.

I. FACTS...

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