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U.S. v. BECKNER

No. 97-30285.

134 F.3d 714 (1998)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Donald L. BECKNER, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 2, 1998.

Attorney(s) appearing for the Case

Richard B. Launey, Baton Rouge, LA, for U.S.

John R. Martzell, Scott R. Bickford, Regina O. Matthews, Martzell & Thomas, New Orleans, LA, for Beckner.

Before WISDOM, HIGGINBOTHAM and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The government here urges that a former United States Attorney, engaged to defend an SEC proceeding, joined his client's criminal enterprise. A jury convicted the attorney, Donald L. Beckner, for aiding and abetting his client's fraud. Beckner contends to us that the evidence was insufficient to demonstrate that he knowingly participated in any crime. We agree and reverse.

I.

In 1990, Sam Recile and his companion...

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