January 23rd, 2018

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US Court of Appeals for the Fifth Circuit Opinions
United States v. Fairley

Docket: 17-60001
Opinion Date: January 22, 2018
Judge: Stephen Andrew Higginson
Areas of Law: Criminal Law

Defendant appealed his conviction for theft of government property (counts two and three) and conspiracy to commit theft of government property (count one). The court held that errors in the indictment, jury instruction, and verdict form directly undermined defendant's defense. Therefore, the court vacated defendant's convictions as to counts two and three. The court affirmed defendant's conviction under count one, as well as the district court's evidentiary and sentencing rulings. The court remanded for the district court to determine whether defendant's sentence should change in light of counts two and three being vacated.

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