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U.S. v. McDERMOT

No. 95-31305.

102 F.3d 1379 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Peter McDERMOT, II and Gordon L. Rush, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 19, 1996.

Attorney(s) appearing for the Case

Robert J. Boitmann, Stephen A. Higginson, Assistant U.S. Attorney, Mary Jude Darrow, Office of the United States Attorney, New Orleans, LA, for plaintiff-appellant.

Peter McDermot, II, Las Vegas, NV, pro se.

Julian R. Murray, Jr., Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, Timothy D. Valenti, Metairie, LA, for defendant-appellee Rush.

Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Appellee Gordon L. Rush, Jr. was convicted of multiple counts of mail fraud under 18 U.S.C. § 1341, wire fraud under 18 U.S.C. § 1343, and conspiracy to commit mail and wire fraud under 18 U.S.C. § 371. Appellee Peter McDermot II was convicted of two counts of wire fraud under 18 U.S.C. § 1343 and one count of conspiracy to commit mail and wire fraud under 18 U.S.C. § 371. The United States appeals from the...

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