United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS April 27, 2004
FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No.03-50160
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONALD KEITH CRAWFORD, SR,
Defendant-Appellant.
Appeal from the United States District Court
Western District of Texas
(SA-02-CR-23-1)
Before JOLLY, JONES, and BARKSDALE, Circuit Judges
PER CURIAM:*
Donald Keith Crawford appeals from his conviction and
sentence, following a jury trial, for 11 counts of bank fraud, in
violation of 18 U.S.C. §§ 1344 and 2, and two counts of making
false statements for the purpose of influencing the action of a
financial institution, in violation of 18 U.S.C. § 1014.
Crawford challenges: the sufficiency of the evidence to
convict him on four of the bank fraud counts; the district court’s
refusal to grant a mistrial after the Government made allegedly
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
improper statements during jury voir dire; the upward adjustment of
Crawford’s sentence because he was a leader or organizer of the
scheme to defraud; the calculation of the amount of loss resulting
from the fraudulent scheme as it affected his sentence; and the
calculation of the restitution amount owed by Crawford to Security
National Bank.
There is no reversible error, except for the restitution
amount. Because Crawford should be credited with the amount he
paid Security National Bank in their civil settlement, the
restitution amount is reduced by $18,500. Accordingly, this matter
is remanded to district court for entry of an amended judgment
consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART;
AND REMANDED FOR ENTRY OF AMENDED JUDGMENT
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