U.S. Court of Appeals for the Fifth Circuit, 1974

United States v. Bradford L. Gardner

U.S. Court of Appeals for the Fifth Circuit · Decided March 8, 1974 · Bell, Dyer, Clark

490 F.2d 840; 1974 U.S. App. LEXIS 9774 (Federal Reporter, Second Series)

Counsel

D. Russell Stahl, Tampa, Fla (Court-appointed), Champ Lyons, Jr., Montgomery, Ala., for defendant-appellant., John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Oscar Blasingame, Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Rita Carpenter Green and Richard William Payne (5th Cir. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Bradford L. Gardner was convicted of six counts of mail fraud under 18 U.S.C. § 1341 connected with alleged improper use of a Master Charge Credit Card, and of one count of using a fictitious name to carry out such fraud, under 18 U.S.C. § 1342. We withheld our opinion pending the outcome of United States v. Maze, - U.S. -, 94 S.Ct. 645, 38 L. Ed.2d 603 [1974]. This decision on facts which were substantially identical to the instant case held that the credit card misuse scheme established by the evidence was too remote from the associated mailings to permit prosecution under Section 1341. This abrogates the precedent of our prior opinion to the contrary, United States v. Thomas, 429 F.2d 407 (5th Cir. 1970), and requires that the present convictions be

Reversed.

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