The following excerpt is from U.S. v. Utz, 886 F.2d 1148 (9th Cir. 1989):
Utz, a former deputy attorney general for the state of California, was indicted in 1983 for violations of the federal mail fraud statute, 18 U.S.C. Sec. 1341, and of the "travel fraud" statute, 18 U.S.C. Sec. 2314. The indictment charged Utz and three codefendants with a scheme to solicit investments in a fraudulent real estate development in Placerville, California. The district court granted defendants' motion to strike several unproven allegations in the indictment. The jury convicted Utz on the mail fraud counts. Utz and his codefendants appealed and we affirmed. United States v. Wellington, 754 F.2d 1457 (9th Cir.1985).
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