U.S. v. TUCKER

Nos. 13-7047, 13-7048, 13-7049.

745 F.3d 1054 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. William Jeffrey TUCKER, Tommy Wayne Davis, Michael Scott Calhoun, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 11, 2014.


Attorney(s) appearing for the Case

J. Lance Hopkins , Tahlequah, OK, for Appellant William Jeffrey Tucker.

James G. Wilcoxen , Muskogee, OK, for Appellant Michael Scott Calhoun.

Art Fleak , Tulsa, OK, for Appellant Tommy Wayne Davis.

James G. Wilcoxen , Muskogee, OK, for Appellant Michael Scott Calhoun.

Thomas M. Wright , Assistant United States Attorney ( Mark F. Green , United States Attorney, and Linda A. Epperley , Assistant United States Attorney, with him on the brief), Office of the United States Attorney of the Eastern District of Oklahoma, Muskogee, OK, for Appellee.

Before TYMKOVICH, HOLLOWAY, and MATHESON, Circuit Judges.


MATHESON, Circuit Judge.

A grand jury indicted Michael Scott Calhoun, Tommy Wayne Davis, and William Jeffrey Tucker (collectively, the "Defendants") on 60 counts of wire fraud, mail fraud, and conspiracy to commit wire and mail fraud. The indictment was based on Mr. Calhoun's grand jury testimony in which he incriminated himself, Mr. Davis, and Mr. Tucker. Mr. Calhoun testified upon the advice of his counsel at the time, Tom Mills, who was paid by Texas Capital Bank...

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