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U.S. v. PIERCE

No. 03-4956.

400 F.3d 176 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Larry J. PIERCE, II, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 7, 2005.

Attorney(s) appearing for the Case

Nancy Combs Dickenson, Lebanon, Virginia, for Appellant.

Rick A. Mountcastle, Assistant United States Attorney, Office of the United States Attorney, Abingdon, Virginia, for Appellee.

John L. Brownlee, United States Attorney, Roanoke, Virginia, for Appellee.

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge MOTZ joined. Judge GREGORY wrote a dissenting opinion.

SHEDD, Circuit Judge.

Defendant Larry J. ("Jimmy") Pierce, II was convicted of ten counts of mail fraud and one count of conspiracy to commit mail fraud in connection with a bingo operation in southwest Virginia. Pierce challenges his conviction solely on the ground that he never caused the United States mails to be used in furtherance...

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