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U.S. v. GALBRAITH

No. 92-4103.

20 F.3d 1054 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Gary E. GALBRAITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 24, 1994.

Attorney(s) appearing for the Case

Scott M. Matheson, Jr., U.S. Atty., and Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellee.

Michael G. Katz, Federal Public Defender, Jenine Jensen, Asst. Federal Public Defender, Denver, CO, for defendant-appellant.

Before TACHA and BRORBY, Circuit Judges, and BROWN, Senior District Judge.

TACHA, Circuit Judge.

Defendant Gary E. Galbraith appeals from a judgment of conviction for one count of wire fraud as an aider and abettor, in violation of 18 U.S.C. § 1343 and 18 U.S.C. § 2(a), (b). He was sentenced to twenty-one months' incarceration and three years' supervised release, and ordered to pay $50,000 in restitution. We revise the sentence, vacate the restitution order, and affirm the judgment in all other respects.1

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