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U.S. v. AUSTER

No. 07-30084.

517 F.3d 312 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. John C. AUSTER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 11, 2008.

Attorney(s) appearing for the Case

Stephen A. Higginson (argued), and Diane Hollenshead Copes, Asst. U.S. Attys., Duane Evans, New Orleans, LA, for U.S.

Michael S. Fawer (argued), Smith & Fawer, Covington, LA, Michael Warren Hill, Smith & Fawer, New Orleans, LA, for Auster.

Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Knowing that his therapist, Dr. Fred Davis, would convey his threat to its target, John Auster informed Davis that unless the managers of his workers' compensation claim continued to pay the benefits that he believed he was owed, he would "carry out his plan of violent retribution" against them and others. The authorities were called, Auster arrested and indicted for extortion. Though denying his motion to dismiss the indictment, the...

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