United States Fourth Circuit

Sentence for several counts of mail fraud, wire fraud, and engaging in unlawful monetary transactions, based on purchases and sales of large volumes of coins on eBay, is reversed where: 1) it runs counter to the weight of the evidence and the jury's verdict; and 2) defendant's restitution is by itself insufficient to justify the 70% variance at issue.

Appellate Information

• Argued 05/26/2006
• Decided 08/28/2006
• Published 08/28/2006

Judges

• Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  John Staige Davis, V, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia;  Robert John Krask, Special Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for the United States.  William Todd Watson, Hargett & Watson, P.L.C., Glen Allen, Virginia, for Kenneth W. Curry, II. ON BRIEF:  Paul J. McNulty, United States Attorney, Alexandria, Virginia, for the United States.