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U.S. v. SMITH

No. 96-1245.

133 F.3d 737 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Alex SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 31, 1997.

Attorney(s) appearing for the Case

Submitted on the briefs.*

Henry L. Solano, United States Attorney, and Gregory C. Graf, Assistant United States Attorney, Denver, CO, for Plaintiff-Appellee.

Nina A. Iwashko of Canges, Iwashko & Bethke, P.C., Denver, CO, for Defendant-Appellant.

Before BRORBY, BARRETT and McKAY, Circuit Judges.

BRORBY, Circuit Judge.

Benjamin Alex Smith was charged by indictment and convicted of six counts of wire fraud, and aiding and abetting in violation of 18 U.S.C. §§ 1343 and 2, and one count of mail fraud, and aiding and abetting, in violation of 18 U.S.C. §§ 1341 and 2. The district court sentenced him to fifty-seven months of imprisonment on each count, all counts to run concurrently. Mr. Smith appeals both his conviction and the sentence imposed...

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