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United States Sixth Circuit


US v. Triana, 05-3173

A conviction for various fraudulent acts is affirmed over a claim that the district court abused its discretion in refusing to allow the jury to consider his proposed jury instruction raising an entrapment by estoppel theory of defense. Further the district court's "loss" calculation is affirmed, but the sentence is vacated pursuant to a Booker claim.

Appellate Information

  • Decided 11/02/2006
  • Published 11/02/2006

Judges

  • Before:  MARTIN and RYAN, Circuit Judges;  MARBLEY, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:  G. Richard Strafer, Office of G. Richard Strafer, Miami, Florida, for Appellant.  Bruce A. Khula, United States Attorney, Cleveland, Ohio, for Appellee.
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