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Legal Opinion

United States v. Simmons

Court of Appeals for the Fifth Circuit

Decided June 18, 2004No. 03-10515PublishedCited by 20 opinions

1Per curiam

Eldon Simmons appeals his conviction of conspiracy to fix prices in violation of Section One of the Sherman Act. 1 He contends that the court erred by (1) denying his motion to sever, (2) inadequately instructing the jury, and (3) admitting out-of-court statements made by him and three government witnesses. We.affirm.

I

Auto Glass Center operated automotive glass stores throughout Texas, and was originally owned by six shareholders, Richard Akin, Larry Vance, Jim Lupton, David Lupton, Eldon Flyn Simmons, and James Kuhn. Simmons oversaw all the Auto Glass Center stores and also ran American…

2Cases cited21 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne WhitmoreCourt of Appeals for the Fifth Circuit · 1979
  3. United States v. Posada-RiosCourt of Appeals for the Fifth Circuit · 1998
  4. United States v. Manuel Flores, United States of America v. Juan Raul GarzaCourt of Appeals for the Fifth Circuit · 1995
  5. United States v. Amy Ralston Pofahl, Charles T. Nunn, and Randy WhiteCourt of Appeals for the Fifth Circuit · 1993

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3Cited by20 opinions

  1. United States v. RamosCourt of Appeals for the Fifth Circuit · 2008
  2. United States v. ArmstrongCourt of Appeals for the Fifth Circuit · 2008
  3. United States v. Walter ReedCourt of Appeals for the Fifth Circuit · 2018
  4. United States v. Thomas Campbell Butler, MdCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. John PortilloCourt of Appeals for the Fifth Circuit · 2020

15 more not listed; retrieve them via the Exa API.

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