United States v. Connie Lee Boling, A/K/A Heller Boling (88-3130) Thomas A. Lauback (88-3216)

SUPPLEMENTAL OPINION

In its original per curiam opinion, 869 F.2d 965 (6th Cir.1989), this panel found “that the jury could have found the essential elements of mail and wire fraud beyond a reasonable doubt on all counts against both Lauback and Boling.” However, “because Boling’s attorney was burdened by an active conflict of interest,” the panel reversed “her [Boling’s] conviction on the conspiracy count” and remanded for a new trial.

The opinion noted that “it takes at least two persons to commit a conspiracy. See United States v. Sandy, 605 F.2d 210, 215 (6th Cir.1979), cert. denied 444…