U.S. v. McALPINE

No. 93-3279.

32 F.3d 484 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Johnnie Louis McALPINE, aka Louie McAlpine, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 17, 1994.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Randall K. Rathbun, U.S. Atty., Lanny D. Welch, Asst. U.S. Atty., Wichita, KS, for plaintiff-appellee.

Edward W. Dosh, Parsons, KS, for defendant-appellant.

Before BALDOCK, McWILLIAMS, and BRORBY, Circuit Judges.


BALDOCK, Circuit Judge.

Defendant Johnnie Louis McAlpine pleaded guilty to eight counts of mail fraud, 18 U.S.C. § 1341, and was sentenced to forty-six (46) months imprisonment, to be followed by three years of supervised release, and ordered to pay $1,403,451 in restitution. Defendant appeals asserting error in his sentencing. We have jurisdiction pursuant to 18 U.S.C. § 3742.

On January 23, 1992, Defendant was indicted on twenty-six counts of mail...

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