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U.S. v. WHITMAN

No. 15-14846.

887 F.3d 1240 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher WHITMAN, Shawn McCarty, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 24, 2018.

Attorney(s) appearing for the Case

Gwendolyn Amelia Stamper , U.S. Department of Justice, Criminal Division, Appellate Section, Joseph Patrick Cooney , Darrin L. McCullough , U.S. Department of Justice, Criminal Division, Richard B. Evans , U.S. Department of Justice, Public Integrity Section, Alexander Patrick Robbins , U.S. Department of Justice, Chief Appellate Section Tax Division, WASHINGTON, DC, Danial Edward Bennett , U.S. Attorney's Office, MACON, GA, Kenneth Alan Dasher , ALBANY, GA, Michael J. Moore , U.S. Attorney, Pope McGlamry Kilpatrick Morrison & Norwood, PC, ATLANTA, GA, for Plaintiff-Appellee.

Edward T.M. Garland , Matthew Dennis Daley , Garland Samuel & Loeb, PC, ATLANTA, GA, for Defendant-Appellant CHRISTOPHER WHITMAN.

Keith Pflepsen , Woodall & Pflepsen, PC, ALBANY, GA, Shawn McCarty , USP McCreary-Inmate Legal Mail, PINE KNOT, KY, for Defendant-Appellant SHAWN McCARTY.

Before WILLIAM PRYOR and JULIE CARNES, Circuit Judges, and ANTOON, District Judge.

This appeal from convictions of bribery, wire fraud, theft, and obstruction involving government contracts presents two questions: (1) whether the district court abused its discretion when it declined to instruct the jury about the offense of giving illegal gratuities as a...

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