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UNITED STATES v. WOLFSON

No. 80-1234.

634 F.2d 1217 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Martin S. WOLFSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Daniel Markoff, Las Vegas, Nev., for defendant-appellant.

Rimantas A. Rukstele, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before DUNIWAY and KENNEDY, Circuit Judges, and CURTIS, District Judge.

DUNIWAY, Circuit Judge:

Martin S. Wolfson appeals from his conviction of fraud by wire in violation of 18 U.S.C. § 1343 (two counts) and of conspiracy to commit the same acts under 18 U.S.C. § 371 (one count). We affirm his conviction but vacate the sentence imposed by the district court and remand the matter for resentencing.

I. The Facts.

We state the facts in the light most favorable to the government. Glasser v. United States...

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