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U.S. v. KRENNING

No. 94-30726.

93 F.3d 1257 (1996)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Earl W. KRENNING, Richard P. Rushton, and Steven L. Schmittzehe, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 1996.

Attorney(s) appearing for the Case

Marvin Opotowsky, Assistant U.S. Attorney, Stephen A. Higginson, Assistant U.S. Attorney, Office of the United States Attorney, New Orleans, LA, for United States of America, plaintiff-appellee-cross-appellant.

Herbert V. Larson, Jr., New Orleans, LA, for Earl W. Krenning, defendant-appellant-cross-appellee.

Claude John Kelly, III, Office of the Federal Public Defender, New Orleans, LA, for Richard P. Rushton, defendant-appellant-cross-appellee.

Edward J. Castaing, Jr., New Orleans, LA, for Steven L. Schmittzehe, defendant-appellant-cross-appellee.

Before REAVLEY, KING and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendants Earl W. Krenning, Richard P. Rushton, and Steven L. Schmittzehe appeal their convictions for multiple counts of mail fraud and for conspiracy to commit mail fraud. The Government appeals the sentences imposed by the district court. We affirm the Defendants' convictions, vacate their sentences, and remand for resentencing.

I

In late 1987, Krenning and a group of investors formed a new Louisiana insurance...

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