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U.S. v. O'HAGAN

Nos. 94-3714, 94-3856.

92 F.3d 612 (1996)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. James Herman O'HAGAN, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1996.

Attorney(s) appearing for the Case

John Dwyer French, Minneapolis, MN, argued (Charles Lee Hawkins and Elizabeth L. Taylor, on the brief), for appellant.

Christopher J. Bebel, Asst. U.S. Atty., argued, Minneapolis, MN, for appellee.

Before FAGG, LAY, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

James Herman O'Hagan appeals his convictions of all counts in a 57-count indictment for mail fraud, securities fraud, and money laundering. The government cross-appeals, contending that the district court erroneously calculated O'Hagan's sentence. Although O'Hagan raises a whole host of issues, we find merit in two particular claims. First, neither the statutory language of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. §...

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