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U.S. v. SMITH

Nos. 98-5888, 98-5894, 98-5895, 98-5898, 98-5939.

197 F.3d 225 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. SMITH (98-5888); Kathy Burch (98-5894); Raymond Burch (98-5895); Danny Eakles (98-5898); Deborah Eakles (98-5939), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 24, 1999.

Attorney(s) appearing for the Case

Terry M. Cushing, Asst. U.S. Attorney (argued and briefed), Kent Wicker, Asst. U.S. Attorney (briefed), Louisville, Kentucky, for United States.

Brad Coffman (argued and briefed), Coffman, Beck & Lowe, Bowling Green, Kentucky, for Robert E. Smith.

Wesley Vernon Milliken (briefed), Milliken Law Firm, Bowling Green, Kentucky, for Kathy Burch.

Gregory G. Injeian (briefed), Bowling Green, Kentucky, for Raymond Earl Burch, Jr.

Raymond Earl Burch, Jr., Lexington, Kentucky, pro se.

Wesley G. Lile (briefed), Bowling Green, Kentucky, for Danny R. Eakles.

David Goin, III (briefed), Harrison & Goin, Bowling Green, Kentucky, for Deborah Eakles.

Before: MERRITT and CLAY, Circuit Judges; ALDRICH, District Judge.

OPINION

MERRITT, Circuit Judge.

These appeals arise from defendants' convictions for conspiracy to commit mail fraud and wire fraud in violation of 18 U.S.C. §§ 1341, 1343, as well as substantive convictions for mail fraud and wire fraud. Defendants first challenge the indictment, claiming that both the original indictment and a subsequently filed superseding indictment violate the five-year statute...

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