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U.S. v. BAILEY

No. 91-5303.

975 F.2d 1028 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard Addison BAILEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1992.

Attorney(s) appearing for the Case

Charles Linwood Morgan, Jr., Charlotte, N.C., argued, for defendant-appellant.

Robert Jack Higdon, Jr., Asst. U.S. Atty. (Thomas J. Ashcraft, U.S. Atty., Patrice P. Carter, Robert James Conrad, Jr., Asst. U.S. Attys., on the brief), Charlotte, N.C., for plaintiff-appellee.

Before ERVIN, Chief Judge, and HALL and PHILLIPS, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

Bernard Bailey appeals a district court order requiring him to serve 57 months in prison and pay $16,222,792.14 in restitution to defrauded investors. Because we believe the district court erred in calculating Bailey's offense level under the United States Sentencing Guidelines and in failing to consider Bailey's financial condition as required by the Victim and Witness Protection Act, 18 U.S.C. §§ 3663, 3664 (VWPA...

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