No. 09-20871.

681 F.3d 678 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. James BROOKS, Wesley C. Walton, James Patrick Phillips, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 18, 2012.

Attorney(s) appearing for the Case

Paula Camille Offenhauser , Tony Ray Roberts (argued), James Lee Turner , Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Gerald Harris Goldstein (argued), Van Galen Hilley , Cynthia Eva Hujar Orr , Goldstein, Goldstein & Hilley, San Antonio, TX, David Benjamin Gerger (argued), (Court-Appointed), Gerger & Clarke, Houston, TX, David Adler (argued), Bellaire, TX, for Defendants-Appellants.

John Patrick Elwood , Vinson & Elkins, L.L.P., Washington, DC, Barbara Bergman , Albuquerque, NM, for National Ass'n of Criminal Defense Lawyers, Amicus Curiae.

Before KING, BENAVIDES and DENNIS, Circuit Judges

BENAVIDES, Circuit Judge:

Defendants-Appellants James Patrick Phillips, Wesley C. Walton, and James Brooks (collectively, the "Defendants-Appellants") appeal their conviction of and sentencing for false reporting of natural gas trades in violation of the Commodities Exchange Act and the federal wire fraud statute. We AFFIRM.


The Defendants-Appellants are former employees of El Paso Merchant Energy Corporation ("EPME...

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