United States Fifth Circuit

A conviction for conspiracy to suppress and eliminate competition by price-fixing, rigging bids, and allocating customers for choline chloride, an animal vitamin, is affirmed over a claim of insufficiency of the evidence, and the sentence vacated pursuant to claims of error on findings regarding the volume of commerce affected by the offense and defendant's alleged role as a manager or supervisor.

Appellate Information

• Decided 05/10/2006
• Published 05/11/2006

Judges

• OWEN, Circuit Judge:, Before GARWOOD, BENAVIDES and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Steven Jeffrey Mintz (argued), John J. Powers, III, Asst. Chief Atty., U.S. Dept. of Justice, Antitrust Div., Washington, DC, David B. Shapiro, U.S. Dept. of Justice, Dallas, TX, for U.S., Marcia Gail Shein (argued), Law Office of Marcia G. Shein, Decatur, GA, for Rose.