United States v. Thomas W. Shipp

PHILLIPS, Circuit Judge.

Appellant was convicted under one substantive count of a multi-count indictment charging use of the mails to defraud in violation of 18 U.S.C. § 1341 and a conspiracy count charging violation of 18 U.S.C. § 371. He was sentenced to imprisonment of three years on each count, to run concurrently.

There were a number of co-defendánts. Severances were granted to two co-defendants; as to one of these the indictment is still pending and as to the other a nolle prosequi has been entered. A motion for acquittal was granted as to two co-defendants who were tried with appellant,…