The United States of America v. Hart, Orlando

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

We are asked in this case to review and set aside the conviction of appellant Orlando Hart on Counts One and Two of a thirteen-count indictment for mail fraud and a one-count indictment for conspiracy. The judgment on Count Two will be vacated and the appellant will be discharged on that count because the government failed as a matter of law to prove its case. We will affirm the district court on all other issues. 1

I

On January 22, 1981, Orlando Hart and six other defendants were indicted by a federal grand jury. The indictment…