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 GRANTED. 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.