United States Fifth Circuit

A conviction and sentence for conspiracy to possess with intent to distribute cocaine and crack cocaine is affirmed over claims that: 1) the district judge erroneously refused to recuse himself; 2) the district court erred by failing to hold a hearing on remand before ruling on a new trial motion, and, in any event, a new trial was warranted in the interest of justice; 3) the burden of proof for his relevant conduct was too low; 4) a leadership sentence enhancement was improper; 5) the sentence was unreasonable; and 6) PSRs contained material Brady/Giglio information.

Appellate Information

• Decided 04/27/2007
• Published 04/30/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Josette Louise Cassiere, Asst. U.S. Atty. (argued), Shreveport, LA, for Plaintiff-Appellee., F. Clinton Broden (argued), Broden & Mickelsen, Dallas, TX, for Defendant-Appellant.