U.S. v. McINTOSH

No. 00-50966.

280 F.3d 479 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. David McINTOSH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 16, 2002.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Randolph Stelmach, Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

Steven Jay Rozan (argued), Kuniansky, Karahan & Rozan, Houston, TX, for Defendant-Appellant.

Before DUHÉ, WIENER, and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether a recent amendment to the United States Sentencing Guidelines is a clarifying amendment and should be applied retroactively. David McIntosh also claims, inter alia: denial of due process and insufficient evidence. AFFIRMED.

I.

In 1993, McIntosh began employment at Austin Jones, established by Sidney Katchem (a co-defendant who testified on behalf of the Government) to solicit...

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