United States v. Jerry R. Mastelotto, and Willis B. Inglesby

FLETCHER, Circuit Judge:

Mastelotto and Inglesby appeal their convictions on two counts of mail fraud in violation of 18 U.S.C. § 1341 (1976) and eight counts of wire fraud in violation of 18 U.S.C. § 1343 (1976). Each timely appealed. We have jurisdiction under 28 U.S.C. § 1291 (1976).

Defendants contend that the indictment under which they were tried is duplicitous since each of its counts alleges the defendants’ participation in two independent fraudulent schemes. They further assert that, even if the indictment itself is not duplicitous, the trial court’s failure to give a “same single…