1. Home
  2. Browse Decisions
  3. F.3d
  4. 99 F.3d
  5. 99 F.3d 671 (1996)
 

U.S. v. McGUIRE

No. 94-60648.

99 F.3d 671 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy D. McGUIRE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 31, 1996.

Attorney(s) appearing for the Case

Louis M. Fischer, Washington, DC, Ruth R. Morgan, Assistant U.S. Attorney, U.S. Attorney's Office for the Southern District of Mississippi, Biloxi, MS, Victoria May, Assistant U.S. Attorney, Office of the United States Attorney, Jackson, MS, for plaintiff-appellee.

Jennifer Parkinson Burkes, Jackson, MS, for defendant-appellant.

Thomas S. Berg, Assistant Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, TX, Brent Evan Newton, Federal Public Defender, Houston, TX, for Federal Public Defender for the Southern Dist. of Texas, amicus curiae.

Stacy R. Obenhaus, Gardere & Wynne, Dallas, TX, S. Michael McColloch, McColl & McColloch, Dallas, TX, for Fernando Novoa, amicus curiae.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

PER CURIAM:

We took this case en banc to consider the difficult problems attending application of United States v. Gaudin, ___ U.S. ___, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), which held that materiality is a question for the jury, not the court. With the benefit of additional briefing and oral argument before the en banc court, we are now persuaded that the district court did not withhold the element of materiality from the jury on the count on which defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases