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U.S. v. O'KEEFE

No. 99-30027.

169 F.3d 281 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Michael O'KEEFE, Sr., Eric Schmidt, John O'Brien, and Gary Bennett, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 9, 1999.

Attorney(s) appearing for the Case

Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellant.

Richard T. Simmons, Jr., Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for O'Keefe.

John R. Martzell, Martzell & Bickford, New Orleans, LA, for Schmidt.

Bruce Charles Ashley, New Orleans, LA, for O'Brien and Bennett.

Before HIGGINBOTHAM, JONES and DENNIS, Circuit Judges.

BY THE COURT:

It is ordered that the motion of appellant for temporary stay pending appeal is GRANTED.

DENNIS, Circuit Judge, dissents for the reasons attached.

DENNIS, Circuit Judge, dissenting:

The defendants applied to the district court to continue bail pending their appeals from their convictions and sentences for mail and wire fraud and related offenses. The district court granted their applications, and the defendants were released after...

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