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U.S. v. MOELLER

No. 92-8277.

987 F.2d 1134 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Mike MOELLER, Peter Thomas McRae, and Billie Quicksall, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 1, 1993.

Attorney(s) appearing for the Case

Dan H. Mills, Asst. U.S. Atty., Austin, TX, Richard L. Durbin, Jr., Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, TX, for plaintiff-appellant.

William P. Allison, Austin, TX, for M. Moeller.

Edwin G. Morris, Smith, Morris & Florey, Austin, TX, for McRae.

Michael P. Davis, Walsh, Akins & Davis, Round Rock, TX, for B. Quicksall.

Before POLITZ, Chief Judge, GOLDBERG and JONES, Circuit Judges.

POLITZ, Chief Judge:

This appeal involves the applicability of 18 U.S.C. § 666 to the former Texas Federal Inspection Service. The government appeals the dismissal of certain counts of the superseding indictment against Mike Moeller, Peter Thomas McRae, and Billie B. Quicksall. We vacate and remand.

Background

McRae and Quicksall were indicted for, inter alia, improperly awarding TFIS consulting contracts to codefendants Russell...

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