No. 90-1347.

933 F.2d 1261 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Wayne ANDERSON, Jerry Dennis Thomas, Michael Lynn Thomas, and Larry Austin Thomas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 12, 1991.

Attorney(s) appearing for the Case

John H. Hagler, Michael P. Carnes, Dallas, Tex., for Billy Wayne Anderson.

D. Mark Elliston, Horton Ormesher & Elliston, Dallas, Tex. (Court-appointed), for Jerry Dennis Thomas.

Wes Reed, Dallas, Tex., for Michael Lynn Thomas.

Wayne Ames, Allen, Tex., Richard B. Roper, Joe C. Lockhart, Asst. U.S. Attys., Marvin Collins, U.S. Atty., Fort Worth, Tex., for Larry A. Thomas.

Before CLARK, Chief Judge, WILLIAMS and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

A grand jury indicted Billy Wayne Anderson, Jerry Dennis Thomas, Michael Lynn Thomas, and Larry Austin Thomas for various criminal acts in connection with the burning of a furniture warehouse. A jury convicted all four of conspiracy to damage and destroy by fire a building and personal property used in interstate commerce in violation of 18 U.S.C. § 371 (1988) and of maliciously damaging and destroying by fire a building and...

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