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U.S. v. RATCLIFF

No. 05-30666.

488 F.3d 639 (2007)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Barney Dewey RATCLIFF, Jr., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

May 31, 2007.

Attorney(s) appearing for the Case

Corey Ross Amundson (argued), M Patricia Jones, Asst. U.S. Atty., Baton Rouge, LA, Michael R. Dreeben, U.S. Dept. of Justice, Washington, DC, for U.S.

Lewis O. Unglesby (argued), Unglesby Law Firm, John A. Baker, LA State University, Paul M. Hebert Law Ctr., Baton Rouge, LA, for Ratcliff.

Before KING, GARZA and PRADO, Circuit Judges.

KING, Circuit Judge:

Defendant-appellee-cross-appellant Barney Dewey Ratcliff, Jr. was charged by indictment with fourteen counts of mail fraud, in violation of 18 U.S.C. § 1341, based on alleged activities involving election fraud in Louisiana. The district court granted Ratcliff's motion to dismiss the counts, concluding that the indictment did not allege a scheme to defraud anyone of money or property, thereby failing to state the offense of mail fraud under...

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