United States Fifth Circuit

A conviction of conspiracy and fraud is affirmed over defendant's claim that he was deprived of his Sixth Amendment right to choice of counsel, but the sentence is vacated pursuant to the government's challenge to a decision not to enhance defendant's offense level for deriving more than $1 million in "gross receipts" as a result of his fraud.

Appellate Information

• Decided 12/17/2007
• Published 12/18/2007

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), San Antonio, TX, for U.S., F. Clinton Broden (argued), Franklyn Ray Mickelsen, Jr., Broden & Mickelsen, Dallas, TX, for Gharbi.