United States Fifth Circuit

A conviction and sentence for trafficking in counterfeit goods is affirmed in part, and vacated in part as to his conviction for trafficking in counterfeit Nike sandals pursuant to a challenge to the sufficiency of the evidence, and the sentence is vacated both in light of the vacatur of one count of conviction and the district court's error in interpreting and applying U.S.S.G. section 2B5.3(b)(1) regarding infringement amount.

Appellate Information

• Decided 08/10/2006
• Published 08/11/2006

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael Brody Kusin (argued), James Lee Turner and John Richard Berry, Asst. U.S. Attys., Houston, TX, for U.S., David M. Samel (argued), Jeffrey Samel & Partners, New York City, for Yi.