United States Fifth Circuit

Defendants' convictions and sentences resulting from their participation in a check cashing scheme are affirmed in part, but reversed in part, and one sentence vacated as there was insufficient evidence to find defendants guilty for conspiracy to utter a fictitious instrument and aiding and abetting the uttering of a fictitious instrument because a check, even if it is worthless, is not, as a matter of law, a "false or fictitious instrument."

Appellate Information

• Decided 09/25/2007
• Published 09/26/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kimberly S. Keller (argued), The Keller Law Firm, San Antonio, TX, for Ellis Morganfield., James Scott Sullivan (argued), San Antonio, TX, for Leroy Thomas.


• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Mara A. Blatt (argued), El Paso, TX, for Plaintiff-Appellee.