United States v. Howard M. Gering

SKOPIL, Circuit Judge:

Gering appeals his conviction of twenty-four counts of mail fraud, 18 U.S.C. § 1341, and from the orders for restitution and costs of prosecution. He argues: (1) the mail cover violated his first amendment rights; (2) testimony of three witnesses was erroneously admitted; (3) jury instruction 17 impermissibly shifted the burden of proof; (4) the amount of restitution ordered was impermissible under 18 U.S.C. § 3651; and (5) costs of prosecution cannot be taxed in addition to maximum fines. We affirm Gering’s conviction and the order to pay costs of prosecution. We…