United States Fifth Circuit

Former Enron CEO's conviction for conspiracy, securities fraud, and related charges is affirmed, but his sentence is vacated and remanded where the court incorrectly applied an enhancement for substantially jeopardizing a "financial institution." Enron's Retirement Plans are not "financial institutions" as that phrase is used in U.S.S.G. section 2F1.1.

Appellate Information

• Decided 01/06/2009
• Published 01/06/2009

Judges

• PRADO, Circuit Judge:, Before SMITH and PRADO, Circuit Judges, and LUDLUM, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph Douglas Wilson (argued), San Francisco, CA, for U.S., Daniel M. Petrocelli (argued), Mark Randall Oppenheimer, Matthew T. Kline, David J. Marroso, O'Melveny & Myers, Los Angeles, CA, Ronald G. Woods, Houston, TX, Meaghan Elizabeth McLaine, O'Melveny & Myers, Washington, DC, for Skilling., John D. Cline, Jones Day, San Francisco, CA, for Amicus Curiae.