U.S. v. GOLE

Docket No. 97-1453.

158 F.3d 166 (1998)

UNITED STATES of America, Appellee, v. John GOLE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 16, 1998.

Attorney(s) appearing for the Case

Paula Frome, Garden City, NY (James O. Druker, Kase & Druker, on brief), for Appellant.

Joel M. Cohen, Brooklyn, NY (Zachary W. Carter, United States Attorney for Eastern District of New York, Peter A. Norling, on brief), for Appellee.

Before: FEINBERG, JACOBS and MAGILL, Circuit Judges.

MAGILL, Circuit Judge:

John Gole, a retired firefighter with the New York City Fire Department (NYCFD), filed false income reports to retain pension overpayments made by the NYCFD Pension Bureau. After Gole's misrepresentations were discovered, Gole was charged and convicted of mail fraud under 18 U.S.C. § 1341 (1994). Gole argues that the district court erred by not allowing him to present evidence that he was actually...

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