Becker

Becker v. United States

Good Law
91 F.2d 550·1937 U.S. App. LEXIS 4285
United States Court of Appeals for the Ninth CircuitJuly 19, 1937No. 8513California554 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a judgment imposing sentences on appellant for sixteen offenses in use of the mail pursuant to a scheme to defraud twelve named persons, in violation of the act of Congress of March 2, 1889, § 1, 25 Stat. 873 , as amended, 35 Stat. 1130 , § 215 ( 18 U.S.C.A. § 338 ).

The record discloses only . the indictment charging the scheme to defraud one B. Fisher and others by persuading them to employ appellant as an agent for them, with intent to retain the moneys paid, without rendering the proposed service, and the mailing of sixteen different letters to the intended victims alleged in sixteen counts and in one other which was dismissed, the verdict and the judgment.

The court imposed a sentence of five years for the mailing of a letter intended fraudulently to persuade one B. Fisher to hire appellant as his agent to borrow money for the said Fisher, with intent not to attempt to borrow the same, but to keep the hire without the service.

The court imposed a second sentence of five years, to run succeeding the first five-year sentence, upon a second count for mailing another letter to the said Fisher and pursuant to the same scheme to defraud.

On the conviction…

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