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U.S. v. RILEY

No. 97-30114.

143 F.3d 1289 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Otis C. RILEY, aka Brandon Allen Becker, III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 13, 1998.

Attorney(s) appearing for the Case

Thomas W. Hillier, II, Federal Public Defender, and Carol Koller, Asst. Federal Public Defender, Seattle, WA, for defendant-appellant.

Kenneth Parker, Asst. U.S. Atty., Seattle, WA, for plaintiff-appellee.

Before: HUG, JR., Chief Circuit Judge, REINHARDT, Circuit Judge, and REED, Senior District Judge.

REINHARDT, Circuit Judge:

We consider in this case two issues related to Otis Riley's conviction for the offense of conspiracy to commit tax fraud. The first is whether the district court properly based Riley's offense level on the amount of the intended loss, rather than the amount of the actual loss. The second is whether the district court properly ordered restitution for losses not directly related to the criminal scheme with which he was charged and convicted...

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