U.S. v. TANKE

No. 12-10362.

743 F.3d 1296 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas TANKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2014.


Attorney(s) appearing for the Case

John Balazs (argued), Sacramento, CA, for Defendant-Appellant.

Benjamin B. Wagner , United States Attorney, Camil A. Skipper , Appellate Chief, and S. Robert Tice-Raskin (argued), Assistant United States Attorney, Sacramento, CA, for Plaintiff-Appellee.

Concurrence by Judge WALLACE.


OPINION

FISHER, Circuit Judge:

We must decide when mailings sent to avoid detection or responsibility for a fraudulent scheme are sent "for the purpose of executing such scheme." 18 U.S.C. § 1341. We hold that such mailings fall within the mail fraud statute when they are sent prior to the scheme's completion and that, to determine when a scheme is completed, we look to the scope of the scheme as devised...

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