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U.S. v. BENNETT

Nos. 91-5588, 92-5115.

984 F.2d 597 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Ellowood Eugene BENNETT, Defendant-Appellant, UNITED STATES of America, Plaintiff-Appellee, v. Ray Austin BENNETT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 19, 1993.

As Amended January 27, 1993.

Attorney(s) appearing for the Case

John W. Cooper, Cooper & Preston, Parsons, WV, argued (Lori M. Hood, on the brief) for appellant Ray Bennett.

David Ray Rexroad, Rexroad & Rexroad, Buckhannon, WV, argued, for defendant-appellant Ellowood Bennett.

David Earl Godwin, First Asst. U.S. Atty., Clarksburg, WV, argued (William A. Kolibash, U.S. Atty., Clarksburg, WV, Lisa A. Grimes, Asst. U.S. Atty., Wheeling, WV, on the brief) for plaintiff-appellee.

Before HAMILTON, Circuit Judge, SPROUSE, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

PER CURIAM:

Following a jury trial before Chief District Judge Robert Earl Maxwell in the Northern District of West Virginia, appellants, Ellowood Eugene Bennett (Eugene) and his brother, Ray Austin Bennett (Ray), were convicted of numerous offenses arising from a Racketeering Influenced and Corrupt Organizations Act (RICO)1 associated-in-fact enterprise designed to defraud insurance companies by burning insured real...

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