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U.S. v. BROOKS

Nos. 95-5728, 95-5729, 95-5730, 95-5790, 95-5803 and 95-5804.

111 F.3d 365 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Edwin Hawley BROOKS, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Russell BROOKS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Stephen Kent BROOKS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. B & D ELECTRIC SUPPLY, INC., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Edwin Hawley BROOKS, Jr., Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. John Russell BROOKS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 16, 1997.

Attorney(s) appearing for the Case

ARGUED: John Edward Ackerman, Houston, Texas, for Appellants. Robert Charles Erickson, Jr., Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

This case requires us to interpret for the first time the $1 million jurisdictional amount requirement of 18 U.S.C. § 1031(a), criminalizing "major fraud" against the United States.

Defendants Edwin Brooks, his sons John and Stephen Brooks, and their...

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