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U.S. v. GRAY

No. 02-15462.

367 F.3d 1263 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Wayne GRAY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 30, 2004.

Attorney(s) appearing for the Case

Chet Kaufman and Randolph P. Murrell, Federal Public Defenders, Tallahassee, FL, Thomas S. Keith, Federal Public Defender, Pensacola, FL, for Defendant-Appellant.

E. Bryan Wilson, Tallahassee, FL, Stephen P. Preisser, Pensacola, FL, for Plaintiff-Appellee.

Before TJOFLAT, BARKETT and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

On September 17, 2002, a jury found Kevin Gray guilty of mail fraud, in violation of 18 U.S.C. § 1341.1 He now appeals his conviction and sentence. First, he seeks a judgment of acquittal on the ground that his fraudulent scheme was "so absurd" that a person of ordinary prudence would not have believed it; the scheme therefore lies outside the realm of conduct proscribed by the mail fraud statute. Alternatively...

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