United States v. Michael Burke AKA Eric Boone

J. BLAINE ANDERSON, Circuit Judge:

Burke pled guilty to three counts of mail fraud and one count of engaging in a prohibited commodity option transaction. Burke appeals-his conviction on the commodity option violation. We affirm.

I. FACTS

Burke was indicted on December 9, 1980, on thirteen counts of mail fraud, 18 U.S.C. § 1341, three counts of wire fraud, 18 U.S.C. § 1343, and thirteen counts of engaging in prohibited commodity option transactions, 7 U.S.C. § 6c(c). On defendant’s motion, most of the commodity option counts were dismissed without prejudice on March 30, 1981. Subsequently, on…