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U.S. v. XU

No. 09-20074.

599 F.3d 452 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin XU, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 4, 2010.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Jerome Godinich, Jr. (Court-Appointed), Law Office of Jerome Godinich, Jr., Houston, TX, for Xu.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Appellant Kevin Xu was convicted by a jury of conspiring to traffic in counterfeit pharmaceutical drugs, in violation of 18 U.S.C. § 371 (Count 1), introducing into interstate commerce misbranded drugs with the intent to defraud and mislead, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2) (Counts 2-4), and trafficking in counterfeit goods, in violation of 18 U.S.C. § 2320(a) (Counts 5-9). Xu filed a post-verdict...

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