Alfred H. Osborne, Sr. v. United States

BARNES, Circuit Judge.

Appellant was indicted, together with codefendant Sam Melnick, in a twenty count indictment; the first eighteen counts charging violation of 18 U.S.C. § 1343 (fraud by wire);1 the nineteenth count charging a violation of 18 U.S.C. § 2314 (interstate transportation of monies obtained by fraud); 2 and the twentieth a violation of 18 U.S.C. § 371 (conspiracy to defraud).

At a jury trial, appellant was convicted of substantive counts 5, 6,16 and 18; and of substantive count 19, and the conspiracy count, 20. After a week of trial, the codefendant Melnick entered a guilty plea…