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U.S. v. WEIR

Nos. 87-1003, 87-1124.

861 F.2d 542 (1988)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. John L. WEIR, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1988.

Attorney(s) appearing for the Case

Bernard Knapp, San Francisco, Cal., for defendant-appellant, cross-appellee.

Sanford Svetcov, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee, cross-appellant.

Before FERGUSON and LEAVY, Circuit Judges, and REDDEN, District Judge.

LEAVY, Circuit Judge:

In 87-1003, the defendant Weir appeals the district court's denial of his motion under Federal Rule of Criminal Procedure 35(a) to modify and vacate as illegal that part of the sentence imposing a $250,000 fine. He contends that the district court failed to consider the factors listed in 18 U.S.C. § 3622. In 87-1124, the government appeals the district court's order deleting an award of restitution. The government contends that the restitution...

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