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U.S. v. McHENRY

Nos. 90-10423, 90-10424.

952 F.2d 328 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. David McHENRY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John GULDE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1991.

Attorney(s) appearing for the Case

Michael B. Scott, Crowe & Scott, Phoenix, Ariz., for defendant-appellant.

W. Allen Stooks, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before BEEZER, HALL and WIGGINS, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Defendants David McHenry and John Gulde were convicted of conspiracy to commit mail and wire fraud in violation of 18 U.S.C. § 371. Defendants appeal their convictions and the district court's award of restitution. In a separate, unpublished disposition, we affirmed the convictions. In this opinion, we vacate the restitution award and leave the balance of the sentence intact. We have...

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