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U.S. v. TUCKER

No. 02-41104.

345 F.3d 320 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Richard James TUCKER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 16, 2003.

Attorney(s) appearing for the Case

Arnold Auger Spencer (argued), Plano, TX, for Plaintiff-Appellee.

Ross Andrew Nabatoff (argued), Brand & Frulla, Washington, DC, for Defendant-Appellant.

Before WIENER and BARKSDALE, Circuit Judges, and FURGESON, District Judge.

FURGESON, District Judge:

Defendant-Appellant Richard James Tucker appeals from a jury verdict finding him guilty of one count of securities fraud and one count of mail fraud on the ground that the district court improperly excluded his securities expert. Tucker also appeals the district court's 1) failure to submit an element of the crimes charged to the jury, 2) misstatement of the intent element in the jury charge, 3) failure to provide a specific unanimity-of...

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