UNITED STATES of America, Plaintiff-Appellee,
v.
Scott YEAGER, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Rex Shelby, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Joseph Hirko, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 17, 2008.
March 17, 2008.
Attorney(s) appearing for the Case
Joseph Douglas Wilson (argued), San Francisco, CA, James Lee Turner, Asst. U.S. Atty., Houston, TX, Van Simmons Vincent, Nashville, TN, for U.S.
Samuel J. Buffone (argued), Ryan Morland Malone, Ropes & Gray, Washington, DC, J.A. Canales, Canales & Simonson, Corpus Christi, TX, for Yeager.
Susan L. Hays (argued), Dallas, TX, Edwin J. Tomko, Curran Tomko Tarski, Dallas, TX, for Shelby.;
Lawrence Saul Robbins (argued), Alan D. Strasser, Matthew Robert Segal, Robbins, Russell, Englert, Orsek & Untereiner, Washington, DC, Barnes H. Ellis, Stoel & Rives, Portland, OR, for Hirko.
Before HIGGINBOTHAM, GARZA and BENAVIDES, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
BENAVIDES, Circuit Judge:
This is a consolidated interlocutory appeal of an order denying a motion to dismiss a government indictment under the doctrine of collateral estoppel.1 In 2005, Defendants F. Scott Yeager, Joseph Hirko, and Rex Shelby ("Defendants") were tried on various counts for their actions while employed at Enron Broadband Services ("EBS"). The jury acquitted Defendants on some of these counts but hung on others, after which...
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