United States v. James T. McNeive

GIBSON, Chief Judge.

Defendant, James McNeive, was convicted in a jury trial on ten counts of violating the federal mail fraud statute, 18 U.S.C. § 1341 (1970). This appeal compels us to consider whether or not § 1341 can be extended to criminalize McNeive’s receipt of gratuities as a public official.

A plenary consideration of the relevant facts in this case is necessary for a full understanding of the appeal. In reciting the facts, we are cognizant that the evidence must be viewed in the light most favorable to the Government as the prevailing party. Glasser v. United States, 315 U.S. 60, 80,…