U.S. v. McCULLOUGH

No. 09-60564.

631 F.3d 783 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Charles McCULLOUGH; Charles W. Gavin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 25, 2011.


Attorney(s) appearing for the Case

Richard Terrell Starrett (argued), Mary Helen Wall , Asst. U.S. Attys., Jackson, MS, for U.S.

David Wayne Milner (argued) (Court-Appointed), Jackson, MS, for McCullough.

John Mark Colette (argued), John Mark Colette & Associates, Jackson, MS, for Gavin.

Before WIENER, GARZA, and PRADO, Circuit Judges.


PRADO, Circuit Judge:

The United States indicted five defendants for conspiring to travel in and use interstate commerce facilities in the commission of a murder-for-hire in violation of 18 U.S.C. § 1958. The Government dismissed one of the defendants before trial. At trial, the Government presented evidence of a conspiracy hatched at a federal prison to kill a Mississippi state prosecutor. The district court granted motions of acquittal for two more of the defendants...

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