No. 22-4544.

87 F.4th 563 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Brent BREWBAKER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 1, 2023.

Attorney(s) appearing for the Case

ARGUED: Elliot Sol Abrams , CHESHIRE, PARKER, SCHNEIDER, PLLC, Raleigh, North Carolina, for Appellant. Peter Matthew Bozzo , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Jonathan S. Kanter , Assistant Attorney General, Doha G. Mekki , Principal Deputy Assistant Attorney General, Maggie Goodlander , Deputy Assistant Attorney General, Adam Ptashkin , Rachel Kroll , Alison Friberg , Daniel E. Haar , Stratton C. Strand , Scott McAbee , Patrick M. Kuhlmann , Antitrust Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Reversed in part, affirmed in part, and remanded by published opinion. Judge Richardson wrote the opinion, in which Judges Gregory and Giles joined.

Brent Brewbaker appeals from his conviction of a per se antitrust violation under § 1 of the Sherman Act, as well as five counts of mail and wire fraud. Before his five-day trial, Brewbaker asked the district court to dismiss the Sherman Act count for failing to state an offense. Fed. R. Crim. P. 12(b)(3)(B...

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