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U.S. v. ROSE

No. 05-10447.

449 F.3d 627 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel T. ROSE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 10, 2006.

Attorney(s) appearing for the Case

Steven Jeffrey Mintz (argued), John J. Powers, III, Asst. Chief Atty., U.S. Dept. of Justice, Antitrust Div., Washington, DC, David B. Shapiro, U.S. Dept. of Justice, Dallas, TX, for U.S.

Marcia Gail Shein (argued), Law Office of Marcia G. Shein, Decatur, GA, for Rose.

Before GARWOOD, BENAVIDES and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Following a jury trial, Daniel Rose was convicted of conspiring to "suppress and eliminate competition by fixing the price, rigging bids, and allocating customers for choline chloride sold in the United States[,]" in violation of section 1 of the Sherman Act.1 Rose appeals his conviction, asserting insufficiency of the evidence, and challenges his sentence based on the district court's findings regarding the volume...

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