United States v. Joseph M. Margiotta

NEWMAN, Circuit Judge:

This interlocutory appeal from an order in a criminal case presents the issue of whether an indictment charging mail fraud is impermissibly duplicitous because it alleges numerous mailings in a single count. The District Court for the Eastern District of New York (Charles P. Sifton, Judge) ordered the Government to select in advance of trial one mailing on which the mail fraud count could go to the jury. From that order, the Government appealed. Because of the imminence of the scheduled trial, we announced our decision at the conclusion of oral argument, reversing the…