United States Fifth Circuit

Conviction and sentence for mail fraud, wire fraud, arson, use of fire to commit mail fraud, and use of fire to commit wire fraud are affirmed in part over defendant's arguments that: 1) he is entitled to a new trial because the Government failed to disclose exculpatory evidence and because he has discovered new evidence; 2) there was insufficient evidence to support the jury's finding that a firefighter suffered injury while responding to the fire; and 3) the Double Jeopardy Clause of the Fifth Amendment was violated because of consecutive sentences for the same conduct. The sentence is vacated and remanded where only one conviction and sentence enhancement for use of fire to commit a felony can be sustained when a single fire was the basis for the enhancement.

Appellate Information

• Decided 02/10/2009
• Published 02/11/2009

Judges

• OWEN, Circuit Judge:, Before JOLLY, CLEMENT and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tracey M. Batson, Asst. U.S. Atty., Plano, TX, Richard A. Friedman (argued), U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S., Louis Charles Van Cleef (argued), Van Cleef Law Offices, Longview, TX, for Severns.