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U.S. v. MOODY

No. 89-6271.

923 F.2d 341 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Shearn MOODY, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 25, 1991.

Attorney(s) appearing for the Case

Samuel J. Buffone, Terrance G. Reed, Asbill, Junkin, Meyers & Buffone, Washington, D.C., for Shearn Moody.

Sean Connelly, Atty., Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., Henry K. Oncken, U.S. Atty., Paula Offenhauser, Asst. U.S. Atty., Houston, Tex., Sidney Glazier, Atty., Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before RUBIN, SMITH, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Shearn Moody, Jr. (Moody), appeals his convictions for: (1) concealing property belonging to his bankruptcy estate, in violation of 18 U.S.C. § 152 ¶ 1 (Count 1); and (2) subsequent to the initiation of his bankruptcy proceeding, concealing his property with intent to defeat the provisions of title 11, in violation of § 152 ¶ 7 (Count 2). Primarily at issue are whether the charges are inconsistent, requiring reversal,...

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