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U.S. v. COSCARELLI

No. 96-20264.

149 F.3d 342 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Craig Michael COSCARELLI, also known as John Coscarelli, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 30, 1998.

Attorney(s) appearing for the Case

Jeffery Alan Babcock, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, Richard A. Friedman, U.S. Dept. of Justice, Washington, DC, for Plaintiff-Appellant.

Ray Christopher Goldsmith, Houston, TX, for Defendant-Appellee.

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

EDITH H. JONES, Circuit Judge.

The United States alone appealed from a sentencing decision by the district court that did not correctly apply the guidelines for money-laundering in this telemarketing scam prosecution. The panel opinion sustained the government's position.1 What concerned the en banc court, however, was the panel majority's further decision to grant affirmative relief to appellee Coscarelli — who waived his right...

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