Legal Opinion

United States v. Kevin Wayne Gray

Court of Appeals for the Eleventh Circuit

Decided April 30, 2004No. 02-15462PublishedCited by 13 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

On September 17, 2002, a jury found Kevin Gray guilty of mail fraud, in violation of 18 U.S.C. § 1341.1 He now appeals his conviction and sentence. First, he seeks a judgment of acquittal on the ground that his fraudulent scheme was “so absurd” that a person of ordinary prudence would not have believed it; the scheme therefore lies outside the realm of conduct proscribed by the mail fraud statute. Alternatively, he seeks a new trial on the ground that the district court erred in instructing the jury on the elements of mail fraud.2 He also challenges his sentence on the…

2Cases cited17 opinions

  1. Neder v. United StatesSupreme Court of the United States · 1999
  2. Argersinger v. HamlinSupreme Court of the United States · 1972
  3. Ronald O. Pelletier v. Gary D. Zweifel, Ronald O. Pelletier v. Gary D. ZweifelCourt of Appeals for the Eleventh Circuit · 1991
  4. Alabama v. SheltonSupreme Court of the United States · 2002
  5. United States v. Rebecca K. Crossley (99-4076) Starla Grubich (99-4080),defendants-AppellantsCourt of Appeals for the Sixth Circuit · 2000

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Florida State Conference of the National Ass'n for the Advancement of Colored People v. BrowningCourt of Appeals for the Eleventh Circuit · 2008
  2. United States v. Joseph SilvestriCourt of Appeals for the Eleventh Circuit · 2005
  3. United States v. SveteCourt of Appeals for the Eleventh Circuit · 2009
  4. UNITED STATES v. WADE THOMAS, —Court of Appeals for the Second Circuit · 2004
  5. United States v. SveteCourt of Appeals for the Eleventh Circuit · 2008

8 more not listed; retrieve them via the Exa API.

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