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U.S. v. SVETE

No. 05-13809.

521 F.3d 1302 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. David W. SVETE, Ron Girardot, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 26, 2008.

Attorney(s) appearing for the Case

Peter Goldberger, Ardmore, PA, E. Brian Lang (Court-Appointed), E. Brian Lang & Associates, Pensacola, FL, Michael S. Pasano, Zuckerman, Spaeder, Taylor & Evans, Miami, FL, for Defendants-Appellants.

Benjamin W. Beard, Pensacola, FL, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.

Before DUBINA and KRAVITCH, Circuit Judges, and COOGLER, District Judge.

COOGLER, District Judge:

After a six week jury trial, David W. Svete and Ron Girardot were convicted of conspiracy, mail fraud, money laundering, and interstate transportation of money obtained by fraud, all charges being related to their dealings with viaticals. They now appeal their convictions and present five issues for review. Perhaps the most significant issue is whether the current Eleventh Circuit pattern jury instruction for mail fraud, which omits the requirement...

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