Attorney(s) appearing for the Case
Marc W. Barta(argued), Dallas, TX, for Palintiff-Appellee.
Richard A. Anderson (argued), Burleson, Pate & Gibson, Dallas, TX, for Defendant-Appellant.
Before KING, Chief Judge, and HIGGINBOTHAM and BARKSDALE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
RHESA HAWKINS BARKSDALE, Circuit Judge:
Primarily at issue are two points: (1) whether the Government's use of a summary witness on rebuttal constitutes reversible plain error; and (2) whether the district court clearly erred in enhancing defendant's sentence, pursuant to U.S.S.G. § 3B1.1(a), for his being "an organizer or leader of a criminal activity that ... was otherwise extensive". Although the conviction and sentence are AFFIRMED, we are concerned...
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