United States Ninth Circuit

A sentencing enhancement for being in the business of receiving and selling stolen property cannot apply to a defendant who sells only property that he himself has obtained by fraud.

Appellate Information

• Argued 04/12/2005
• Decided 05/11/2005
• Published 05/11/2005

Judges

• MICHAEL DALY HAWKINS, Circuit Judge., Before: LAY,B. FLETCHER, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael V. Severo, Los Angeles, CA, for the defendant-appellant., Amber S. Rosen (argued) and Jeffrey D. Nedrow (briefed), Assistant United States Attorneys, San Jose, CA, for the plaintiff-appellee.