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U.S. v. THEAGENE

No. 08-50160.

565 F.3d 911 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel M. THEAGENE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 2009.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Elizabeth Berenguer (argued), San Antonio, TX, for U.S.

Nancy Blair Barohn (argued), Kansas City, MO, for Theagene.

Before KING, DENNIS and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

A jury convicted Dr. Samuel Theagene of one count of bribing a public official, 18 U.S.C. § 201(b)(1)(C), for making cash payments to an Internal Revenue Service revenue officer. The district court—calling the question "a close one"—denied Theagene's request for an entrapment instruction. Theagene now appeals the conviction, challenging the jury charge on this and other grounds. He also appeals his sentence. We...

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