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U.S. v. FLOYD

No. 93-1181.

992 F.2d 498 (1993)

UNITED STATES of America, Plaintiff-Appellee Cross-Appellant, v. Charles G. FLOYD, Jr., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 1, 1993.

Attorney(s) appearing for the Case

Michael S. Fawer, Jeffie J. Massey, Dallas, TX, Herbert V. Larson, Jr., New Orleans, LA, for appellant.

Richard A. Friedman, Crim.Div., Appellate Section, Dept. of Justice, Washington, DC, J. Steve Hinkle, Asst. U.S. Atty., Richard H. Stephens, U.S. Atty., Robert L. Webster, Asst. U.S. Atty., Dallas, TX, for appellee.

Before KING, HIGGINBOTHAM, and DeMOSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 1, 1993.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We vacate a pretrial restraining order freezing certain of defendant Floyd's assets that were untainted by the alleged criminal offenses, persuaded that the forfeiture statute does not authorize their restraint before conviction. We do not reach the government's cross-appeal contending that insufficient sums were restrained...

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