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U.S. v. ROGERS

No. 91-50090.

984 F.2d 314 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Kent Borden ROGERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Norman D. James, Woodland Hills, CA, for defendant-appellant.

Leslie Swain and Sharon McCaslin, Asst. U.S. Attys., Los Angeles, CA, for plaintiff-appellee.

Before: FLETCHER, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

Rogers pled guilty to mail fraud and was sentenced to eight years imprisonment and ordered to pay $70.7 million in restitution. The government concedes that the imposition of restitution was improper, but the parties disagree on the proper remedy. Rogers also contends that his plea was coerced by the imposition of an IRS jeopardy assessment. We vacate Rogers' sentence and remand for resentencing or, at the discretion of the district court...

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