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IN RE FISHER

No. 11-10452.

649 F.3d 401 (2011)

In Re James R. FISHER and Odyssey Residential Holdings, LP, Petitioners.

United States Court of Appeals, Fifth Circuit.

August 8, 2011.

Attorney(s) appearing for the Case

John Hatchett Carney , John H. Carney & Associates, Dallas, TX, Paul G. Cassell , University of Utah, School of Law, Salt Lake City, UT, for Petitioner.

Michael Paul Gibson , Carl David Medders , Burleson, Pate & Gibson, L.L.P., Dallas, TX, for Defendant-Respondent.

Chad E. Meacham , Asst. U.S. Atty., Dallas, TX, for Plaintiff-Respondent.

Before HIGGINBOTHAM, SMITH and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The petitioners James R. Fisher and Odyssey Residential Holdings, LP (hereinafter, collectively, "Fisher") move for reconsideration of our prior decision denying Fisher's petition for a writ of mandamus. Having reviewed the newly available sentencing transcript, we remain persuaded that the district court did not clearly and indisputably err by finding that Fisher failed to prove that he was directly and proximately harmed as...

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