United States Tenth Circuit

Defendants' convictions for conspiracy to submit false entries to a federally insured bank and to launder money and related offenses are affirmed over claims of error on issues relating to the sufficiency of the evidence and adequacy of the jury instructions, and their sentences are vacated and remanded pursuant to claims of Booker error and error in sentence calculation.

Appellate Information

• Decided 02/17/2006
• Published 02/17/2006

Judges

• HENRY, Circuit Judge., Before HENRY, LUCERO, Circuit Judges, and BRACK, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Bruce W. Simon, Kansas City, MO, for Defendant-Appellant Clinton Odell Weidner, II., Steven A. Reiss, Weil, Gotshal & Manges LLP, New York, N.Y. (Jeffrey D. Morris, Berkowitz, Stanton, Brandt, Williams & Shaw, Prairie Village, KS, and Gregory S. Coleman, Lisa R. Eskow, and Meredith B. Parenti, Weil, Gotshal & Manges LLP, Austin, TX, with him on the briefs), for Defendant-Appellant David C. Wittig., Richard L. Hathaway, Senior Litigation Counsel, Topeka, KS (Eric F. Melgren, United States Attorney, with him on the brief), for the Plaintiff-Appellee.