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U.S. v. MOBLEY

No. 99-1621.

193 F.3d 492 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Callie MOBLEY and Jimmie Mobley, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 30, 1999.

Attorney(s) appearing for the Case

Norman R. Smith (argued), W. Charles Grace, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for United States of America.

J. William Lucco, Lucco, Brown & Mudge, Edwardsville, IL; Joseph R. Brown (argued), Edwardsville, IL, for Callie Mobley.

Joseph R. Brown (argued), Edwardsville, IL; John J. O'Gara, Jr., Belleville, IL, for Jimmie Mobley.

Before POSNER, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

Three weeks before trial was scheduled to get under way, defendants Callie Mobley and Jimmie Mobley filed a motion to strike what they called "surplusage" in the indictment charging them with conspiring to steal from the Village of Alorton, Illinois. Callie Mobley was Alorton's Mayor, and Jimmie Mobley (her husband) the Village's Street Superintendent. According to the indictment, for several years Callie received more than double the salary...

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