United States v. Ronnie D. Drew, United States of America v. Duane Drew

Before us are the separate appeals of defendants/appellants from their respective convictions on substantive charges of violations of 18 U.S.C. § 2314 , which, in pertinent part, provides:

They also appeal from their joint convictions of a charge of conspiracy to violate the aforesaid 18 U.S.C. § 2314 .

In these appeals defendants contest their respective convictions on the ground that the indictment setting forth these charges (Counts Two and Five — Ronnie D. Drew) and (Counts Three, Four and Six — Duane Drew) fails to include the statutory language “with unlawful or fraudulent intent,” and that this omission so taints the respective substantive convictions that they must be overturned.

Of course, the defendants also seek reversal- of their joint conspiracy convictions under Count One (18 U.S.C. 371 — conspiracy to violate 18 U.S.C. 2314), in that the language in Count One is identical to the language in Counts Two through Six, in omitting the statutory language “with unlawful or fraudulent intent.”

The Government replies that although the Indictment does not include the precise statutory language “with unlawful or fraudulent intent,” nevertheless the Counts do include…