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U.S. v. NEWMAN

Nos. 10-10430, 10-10431, 10-10444.

659 F.3d 1235 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. David Ray NEWMAN, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Jon Tedesco, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2011.

Attorney(s) appearing for the Case

Robert L. Ellman , Appellate Chief and Assistant United States Attorney, and Daniel D. Hollingsworth , Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellant.

Dan C. Maloney , and Michael K. Powell , Assistant Federal Public Defender, Reno, NV, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN and SUSAN P. GRABER, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Defendants David Ray Newman and Jon Tedesco committed crimes that subject them to criminal forfeiture: Newman robbed two banks, and Tedesco conspired to defraud banks. Defendants each pleaded guilty and agreed to forfeit a specific amount of money. The district court nevertheless eliminated criminal forfeiture or reduced it to a trivial amount. The government timely appeals. Because the district court's reasoning in the two...

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