United States v. Michael Burke AKA Eric Boone

Burke pled guilty to three counts of mail fraud and one count of engaging in a prohibited commodity option transaction. Burke appeals-his conviction on the commodity option violation. We affirm.

I. FACTS

Burke was indicted on December 9, 1980, on thirteen counts of mail fraud, 18 U.S.C. § 1341 , three counts of wire fraud, 18 U.S.C. § 1343 , and thirteen counts of engaging in prohibited commodity option transactions, 7 U.S.C. § 6c(c). On defendant’s motion, most of the commodity option counts were dismissed without prejudice on March 30, 1981. Subsequently, on September 24, 1981, the grand jury returned a superseding indictment restoring the prohibited commodity option counts and amending the language of those counts as required by the trial court. Defendant again moved to dismiss the commodity option counts. This motion was denied.

Trial began on November 3, 1981. Defendant’s motion for mistrial was granted on November 13,1981. A retrial was scheduled for December 1, 1981. On November 23, 1981, Burke pled guilty to three of the mail fraud counts and one count of engaging in a prohibited commodity option transaction.

Burke was sentenced on December 14, 1981 to three and…