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U.S. v. ROUSSEL

No. 11-30908.

705 F.3d 184 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Michael ROUSSEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 16, 2013.

Attorney(s) appearing for the Case

Kevin G. Boitmann , Diane Hollenshead Copes , Harry W. McSherry, Jr. , Carol Loupe Michel , Assistant U.S. Attorneys, U.S. Attorney's Office, New Orleans, LA, for Plaintiff-Appellee.

William Sothern , Law Office of William M. Sothern, John Wilson Reed , Glass & Reed, New Orleans, LA, for Defendant-Appellant.

Before JOLLY, JONES, and GRAVES, Circuit Judges.

JAMES E. GRAVES, JR., Circuit Judge:

Michael Roussel ("Roussel") appeals his conviction along with the sentence imposed. For the reasons articulated below, we AFFIRM the conviction, VACATE the sentence, and REMAND for resentencing.

FACTS AND PROCEEDINGS

I. Procedural History

Roussel, a New Orleans Police Department ("NOPD") Captain and Traffic Division commander, and Joey Branch ("Branch"), a Texas businessman, were indicted on five...

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