U.S. v. SZARWARK

Nos. 98-1968, 98-2189.

168 F.3d 993 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest J. SZARWARK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 18, 1999.


Attorney(s) appearing for the Case

Donald J. Schmid (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee in No. 98-1968.

Andrew B. Baker, Jr., Office of the United States Attorney, Dyer, IN, for Plaintiff-Appellant in No. 98-2189.

C. Kenneth Wilber (argued), Berger, James, Gammage & Wilber, South Bend, IN, for Defendant-Appellant.

Before POSNER, Chief Judge, and BAUER and EVANS, Circuit Judges.


BAUER, Circuit Judge.

After being convicted of mail fraud, in violation of 18 U.S.C. § 1341, Ernest Szarwark ("Szarwark") was sentenced to twenty-four months in prison, and ordered to pay $87,346.29 in restitution. Szarwark appeals, challenging the sufficiency of the government's evidence that the mailings were in furtherance of his scheme to defraud, as well as its evidence that the mailings actually occurred. The government cross-appeals, arguing that it was...

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