No. 05-11553 Non-Argument Calendar.

438 F.3d 1257 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Jacqueline Anne SHARPE, a.k.a. Anne Sharpe, James A. Sharpe, Sr., a.k.a. Jimmy Sharpe, David W. Stuart, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 7, 2006.

Attorney(s) appearing for the Case

Michelle McCain Heldmyer, Nancy J. Hess, Asst. U.S. Atty., Pensacola, FL, E. Bryan Wilson, Tallahassee, FL, for U.S.

Ross Alan Keene, Barry W. Beroset, Beroset & Keene, Pensacola, FL, Christopher Michael Boswell, Cadenhead Law Firm, Destin, FL, for Defendants-Appellees.

Before DUBINA, HULL and MARCUS, Circuit Judges.

MARCUS, Circuit Judge:

The government appeals the district court's post-trial dismissal of the indictment, pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B) for failure to state an offense, against James Sharpe, Sr. ("Sharpe") and Jacqueline Anne Sharpe ("Anne Sharpe") (collectively, "the Sharpes") and David Stuart. The two-count indictment charged Sharpe and Stuart with mail fraud, in violation of 18 U.S.C. §§ 1341 and 2 (Count 1), and all three...


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