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U.S. v. MALOOF

No. 98-21114.

205 F.3d 819 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Albert MALOOF, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 7, 2000.

Attorney(s) appearing for the Case

Andrea V. Limmer (argued), John J. Powers, III, U.S. Dept. of Justice, Antitrust Div., App. Section, Washington, DC, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

George McCall Secrest, Jr. (argued), Bennett & Secrest, Houston, TX, J. Mark White, White, Dunn & Booker, Birmingham, AL, for Defendant-Appellant.

Before JONES, DeMOSS and DENNIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 7, 2000.

DENNIS, Circuit Judge:

This direct criminal appeal arises from the conviction following jury trial of Mark Albert Maloof (Maloof) for conspiracy to restrain trade in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and conspiracy to commit wire fraud in violation of 18 U.S.C. § 371. For the reasons assigned, we affirm the convictions, but vacate the sentences, and remand for resentencing...

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