United States v. Scully, No. 17-50223 (5th Cir. 2018)
Annotate this CaseAfter defendant was convicted of conspiracy to defraud the United States, conspiracy to commit wire fraud, and aiding and abetting a wire fraud scheme, the district court granted the Government's motion to restrain defendant's assets to preserve them for restitution and forfeiture. Defendant was then sentenced and ordered to pay restitution. The Fifth Circuit affirmed the district court's denial of defendant's motion to partially vacate its earlier restraining order on his assets. The court held that the Sixth Amendment did not entitle defendant to use funds subject to the Government's post-conviction forfeiture lien to pay for appellate counsel of his choice.
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