USA vs. Budd, (5th Cir. 1998)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-40098 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DONALD R. BUDD, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas (1:96-CR-22) August 26, 1998 Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.
B Y T H E C O U R T: The petition for rehearing is GR ANTED. We find no error of fact or of law and affirm the conviction. We remand to the district court for correction of judgment and sentence on the concession of the government that Counts 3 and 4 should be merged, as multiple counts of fraud supported by a single mailing. AFFIRMED and REMANDED.
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