United States v. John Sherman Miles

Eighth Circuit

United States v. John Sherman Miles

498 F.2d 394

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 10, 1974

Docket72-1730

StatusPublished

Cited by5 cases

This text of 498 F.2d 394 (United States v. John Sherman Miles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. John Sherman Miles, 498 F.2d 394 (8th Cir. 1974).

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Opinion

PER CURIAM.

Judgment of conviction of defendant under 28 U.S.C. § 1341 was affirmed by this court on September 10, 1973. On March 18, 1974, 415 U.S. 970, 94 S.Ct. 1553, 39 L.Ed.2d 867, the Supreme Court of the United States vacated the judgment of conviction and remanded the case to this court for reconsideration in light of United States v. Maze, 414 U.S. 395, 94 S.Ct. 645, 38 L.Ed.2d 603 (1974). Upon review of the record and supplemental briefs filed by the parties, we affirm the judgment of conviction.

We hold that the use of the mails by the defendant was an essential and integral element of the fraudulent scheme. The scheme here did not reach fruition *395 until the cattle were sold by the defendant and the monies divided among the coconspirators. The defendant specifically contemplated the use of the mails by the banks to process the bogus check which was used to purchase the cattle. The delay in processing the check was not simply relied upon by the defendant to “postpone” discovery of the fraud;' the evidence demonstrates it was part of the scheme itself. In this particular we find the facts, distinguishable from United States v. Maze, supra.

We affirm the judgment of conviction.

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PER CURIAM.

Judgment of conviction of defendant under 28 U.S.C. § 1341 was affirmed by this court on September 10, 1973. On March 18, 1974, 415 U.S. 970, 94 S.Ct. 1553, 39 L.Ed.2d 867, the Supreme Court of the United States vacated the judgment of conviction and remanded the case to this court for reconsideration in light of United States v. Maze, 414 U.S. 395, 94 S.Ct. 645, 38 L.Ed.2d 603 (1974). Upon review of the record and supplemental briefs filed by the parties, we affirm the judgment of conviction.

We hold that the use of the mails by the defendant was an essential and integral element of the fraudulent scheme. The scheme here did not reach fruition *395 until the cattle were sold by the defendant and the monies divided among the coconspirators. The defendant specifically contemplated the use of the mails by the banks to process the bogus check which was used to purchase the cattle. The delay in processing the check was not simply relied upon by the defendant to “postpone” discovery of the fraud;' the evidence demonstrates it was part of the scheme itself. In this particular we find the facts, distinguishable from United States v. Maze, supra.

We affirm the judgment of conviction.

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Bluebook (online)

498 F.2d 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-sherman-miles-ca8-1974.

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