George Weller v. United States

Weller was found guilty by a jury under each of ten counts of an indictment charging mail fraud ( 18 U.S.C. § 1341 ). He was sentenced to five years on each count, all sentences being concurrent. On this appeal he is represented by new counsel. Their principal contention is that trial counsel did not competently represent him. We affirm.

For many years Weller solicited advertising in the Northwest, including the State cf Oregon, for magazines published in San Francisco by one Whitfield. The principal magazine was originally known as “The Masonic Star.” Its name was later changed to “The Fraternal Star” and to “The Star.” Another was called “The Trestle Board.” In 1959 the Whit-fields sold their business to one Danrich. Weller continued to solicit advertising in the same territory for Danrich.

There is some evidence that in previous years “The Star” and its predecessors had some circulation in the Northwest, mostly, however, of a complimentary character. “The Trestle Board” had never had any circulation in the Northwest, and Weller had not solicited advertising for it in that territory.

During the time covered by the indictment, from March 1960 to December 1961, Danrich printed…