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U.S. v. BROOKS

No. 09-20871.

681 F.3d 678 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. James BROOKS, Wesley C. Walton, James Patrick Phillips, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 18, 2012.

Attorney(s) appearing for the Case

Paula Camille Offenhauser, Tony Ray Roberts (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Gerald Harris Goldstein (argued), Van Galen Hilley, Cynthia Eva Hujar Orr, Goldstein, Goldstein & Hilley, San Antonio, TX, David Benjamin Gerger (argued), (Court-Appointed), Gerger & Clarke, Houston, TX, David Adler (argued), Bellaire, TX, for Defendants-Appellants.

John Patrick Elwood, Vinson & Elkins, L.L.P., Washington, DC, Barbara Bergman, Albuquerque, NM, for National Ass'n of Criminal Defense Lawyers, Amicus Curiae.

Before KING, BENAVIDES and DENNIS, Circuit Judges

BENAVIDES, Circuit Judge:

Defendants-Appellants James Patrick Phillips, Wesley C. Walton, and James Brooks (collectively, the "Defendants-Appellants") appeal their conviction of and sentencing for false reporting of natural gas trades in violation of the Commodities Exchange Act and the federal wire fraud statute. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

The Defendants-Appellants are former employees of El Paso Merchant Energy Corporation ("EPME...

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