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United States v. Brown

United States Court of Appeals for the Fifth Circuit
7 F.3d 1155 (1993)


The federal government (plaintiff) prosecuted Jackie Brown (defendant) for conspiracy to commit mail fraud (count one), in violation of 18 U.S.C. § 371, and for aiding and abetting mail fraud (count two), in violation of 18 U.S.C. §§ 2 and 1343. The federal district court trial evidence established that two women corresponded with Richard Sims, a state prison inmate. Sims informed the women that his "case worker" would soon mail them money orders for large amounts. Sims told the women to send most of the money to Brown. In reality, the money orders had been altered, so that, for example, the true value of one "$700" money order was only $1.00. The jury found Brown guilty on both counts one and two. The judge dismissed Brown's motion to apply Wharton’s Rule and vacate the count-two conviction. Brown appealed to the Fifth Circuit Court of Appeals, arguing that the judge erred in denying his motion.

Rule of Law


Holding and Reasoning (Garwood, J.)

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