United States v. Wheeler G. Foshee, Jr. And Eugene C. Foshee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
HATCHETT, Circuit Judge:
Defendants appeal their conviction and sentence for mail fraud. 18 U.S.C. § 1341. 1 We affirm.
A description of the check kiting scheme giving rise to the mail fraud prosecution appears in United States v. Foshee, 569 F.2d 401 (5th Cir.), modified on petition for rehearing, 578 F.2d 629 (5th Cir. 1978). Because the trial judge prevented the defense from arguing that lack of intent to defraud could be inferred from payment of the kited checks, we reversed and remanded for new trial. On remand, the government introduced evidence that loans were unpaid at the time of…
Also in this document: Concurrence.
2Cases cited15 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- United States v. Orange Jell BeechumCourt of Appeals for the Fifth Circuit · 1978
- Parr v. United StatesSupreme Court of the United States · 1960
- Badders v. United StatesSupreme Court of the United States · 1916
- Gordon v. United StatesCourt of Appeals for the Fifth Circuit · 1971
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3Cited by24 opinions
- United States v. Bernice T. MoralesCourt of Appeals for the Eleventh Circuit · 1992
- United States v. Copple, John R., an Individual Mechem Financial Incorporated, a Corporation, John R. CoppleCourt of Appeals for the Third Circuit · 1994
- Soden v. Freightliner Corp.Court of Appeals for the Fifth Circuit · 1983
- United States v. Stanley F. Kreimer, Charles Lamar Lewis and Harry L. WalshCourt of Appeals for the Fifth Circuit · 1980
- United States v. Demetrius Cyrus Georgalis, A/K/A Cy GeorgesCourt of Appeals for the Fifth Circuit · 1980
19 more not listed; retrieve them via the Exa API.