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U.S. v. PANKHURST

No. 96-20563.

118 F.3d 345 (1997)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Joseph PANKHURST, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 20, 1997.

Attorney(s) appearing for the Case

Richard C. Smith, Paula Camille Offenhauser, Alice Ann Burns, Assistant U.S. Attorneys, Houston, TX, for United States of America.

Jack B. Zimmermann, Terri Raye Zimmermann Jacobs, Zimmermann & Lavine, Houston, TX, for Joseph Pankhurst.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The principal issue at hand is whether, prior to a sua sponte downward departure, the district court must give FED. R.CRIM. P. 32 pre-sentencing notice to the Government. Joseph Pankhurst appeals his conviction under 18 U.S.C. § 201(b)(1)(A) for "corruptly giv[ing] ... [$10,000] to [a] public official ... with ... intent ... to influence [an] official act"; he challenges both the jury instruction describing the ...

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