UNITED STATES v. CAIN (2019)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff - Appellee v. Gary L CAIN, also known as Gary Lyn Cain, also known as Gary Cain, Defendant - Appellant

No. 18-50568

Decided: October 29, 2019

Before HIGGINBOTHAM, DENNIS, and HO, Circuit Judges.

Joseph H. Gay, Jr., Assistant U.S. Attorney, Richard Louis Durbin, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee Stephanie Lynne Stevens, Esq., St. Mary's University, School of Law, for Defendant-Appellant

Gary Cain was convicted of conspiracy to commit wire fraud, conspiracy to launder money, and engaging in monetary transactions in property derived from unlawful activity. He was ordered to pay restitution in the amount of $6,345,441 and sentenced to 68 months imprisonment. He challenges the sufficiency of the evidence on all counts and argues that the district court erred in issuing a “deliberate ignorance” jury instruction and in its restitution order.

We have reviewed the briefs, the record, the applicable law, and heard oral argument. We find the district court committed no reversible error. The sentence is affirmed.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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