United States Ninth Circuit

Amended an opinion filed on July 26, 2018 for a case which affirmed the defendant's conviction for mail and wire fraud, but vacated a custodial sentence and restitution with remand for further proceedings. The sentence was vacated because the record did not support the conclusion that the defendant exercised sufficient control over a co-conspirator. Restitution was vacated because the district court's ruling was internally inconsistent in ordering immediate payment and payments over time in the same order.

Appellate Information

• Published 2018/10/30

Judges

• Graber

Court

• United States Ninth Circuit

Counsel