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U.S. v. SIMMONS

No. 03-10515.

374 F.3d 313 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Eldon Flyn SIMMONS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 18, 2004.

Attorney(s) appearing for the Case

James Joseph Fredricks (argued), John J. Powers, III, Asst. Chief Atty., U.S. Dept. of Justice, Antitrust Div., Washington, DC, for Plaintiff-Appellee.

Michael P. Gibson (argued), Richard A. Anderson (argued), Burleson, Pate & Gibson, Dallas, TX, for Defendant-Appellant.

Before JOLLY, HIGGINBOTHAM and DeMOSS, Circuit Judges.

PER CURIAM:

Eldon Simmons appeals his conviction of conspiracy to fix prices in violation of Section One of the Sherman Act.1 He contends that the court erred by (1) denying his motion to sever, (2) inadequately instructing the jury, and (3) admitting out-of-court statements made by him and three government witnesses. We affirm.

I

Auto Glass Center operated automotive glass stores throughout Texas, and was originally...

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