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U.S. v. MURRAY

No. 11-20622.

700 F.3d 241 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Ted Russell Schwartz MURRAY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ted Russell Schwartz Murray, Jeffrey Carl Wigginton, Sr., David Isaac Lapin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 30, 2012.

Attorney(s) appearing for the Case

Eileen K. Wilson , Renata Ann Gowie , Cedric La Rue Joubert (argued), Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Gary Alan Udashen (argued), Sorrels, Udashen & Anton, Dallas, TX, Daniel Stephen Dexter (argued), (Court-Appointed), Shaun G. Clarke (argued), Gerger & Clarke, Houston, TX, for Defendants-Appellants.

Before HIGGINBOTHAM, ELROD and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Federal district courts have only limited authority to modify final judgments in criminal cases. The district court reopened three sentences that it had imposed more than six months earlier, adding to each a requirement that the defendant make restitution. Because the court lacked the authority to do so, we reverse.

I

These are the consolidated appeals of Ted Murray, David Lapin, and Jeffrey Wigginton. In a...

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