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U.S. v. ELLINGTON

No. 02-10277.

348 F.3d 984 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Richard ELLINGTON, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Decided October 24, 2003.

Attorney(s) appearing for the Case

Stephen Schlessinger, Anne R. Schultz, Miami, FL, for Plaintiff-Appellant.

Theresa M. Van Vliet, Fort Lauderdale, FL, Gregory W. Kehoe, James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, FL, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, DUBINA, Circuit Judge, and HODGES, District Judge.

PER CURIAM:

The United States of America appeals the district court's order granting Richard Ellington's motion for a judgment of acquittal. The district court granted the motion after a jury found Ellington guilty of conspiracy to commit mail fraud, in violation of 18 U.S.C. § 371, and of mail fraud, in violation of 18 U.S.C. § 1341. We vacate the judgment of acquittal.

BACKGROUND

The Palm Beach County Housing Finance Authority ("HFA"...

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