Rehearing and Suggestion for Rehearing En Banc Denied November 10, 1997.
Thomas Burke, a former lawyer, pleaded guilty to a single count of mail fraud, 18 U.S.C. § 1341, for using the United States mail to sell fraudulent second mortgage promissory notes. Under the federal sentencing guidelines, Burke's base offense level was 6. U.S.S.G. § 2F1.1(a). Because Burke's fraud caused over $200,000...
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