United States Ninth Circuit

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US v. Swor, 12-30250

Defendant's sentence, imposed after he pled guilty to one count of investment fraud, is: 1) vacated in part and remanded, where the district court abused its discretion by including in the restitution order losses suffered by victims of Schultz's scheme because defendant's connection to Schultz's losses in that scheme was too attenuated to impose liability on the defendant for Schultz's victims' losses; but 2) affirmed in part, where the district court did not clearly err in finding that the defendant failed to establish that he played a minor role in the offense.

Appellate Information

  • Decided 08/27/2013
  • Published 08/27/2013

Judges

  • PER CURIAM

Court

  • United States Ninth Circuit

Counsel