Texas Man Can't Use Frozen Funds For Appeal, 5th Circ. Says

Law360 (February 14, 2018, 9:26 PM EST) -- A Texas frozen foods businessman convicted for a $5.3 million tax and wire fraud scheme doesn't have a Sixth Amendment right to use funds claimed by the government for a $1.2 million restitution order to hire counsel for his appeal, a Fifth Circuit panel said Wednesday.

The three-judge panel affirmed a Texas federal court’s denial of a post-judgment bid by Robert Warren Scully, a former owner of the San Antonio-based Gourmet Express LLC, to free up $65,000 in funds that the court had frozen at the government’s...
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