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U.S. v. MONTGOMERY

Nos. 03-30269, 03-30275.

384 F.3d 1050 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. James MONTGOMERY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Mary O'Connor, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2004.

Attorney(s) appearing for the Case

Mark Bennett Weintraub, Assistant Federal Public Defender, Eugene, OR, for defendant-appellant James Montgomery.

Ronald H. Hoevet, Per C. Olson, Hoevet & Boise, Portland, OR, for defendant-appellant Mary O'Connor.

William E. Fitzgerald, Assistant United States Attorney, Eugene, OR, for the plaintiff-appellee.

Before: GOODWIN, FLETCHER, and TALLMAN, Circuit Judges.

GOODWIN, Circuit Judge.

Defendants James Montgomery and Mary Lou O'Connor were convicted by a jury of conspiring to commit mail fraud and committing mail fraud in violation of 18 U.S.C. §§ 371 and 1341. Montgomery challenges the district court's denial of his claim that the marital privilege excludes evidence of his wife's communications to him. Both defendants also challenge the indictment, the sufficiency of the evidence, the district court's admission...

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