U.S. v. LUCA

No. 98-10041.

183 F.3d 1018 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Frank A. M. LUCA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Dennis P. Riordan, Marc J. Zilversmit, Riordan & Rosenthal, San Francisco, California, for defendant-appellant.

Stephen G. Winerip, Assistant United States Attorney, Phoenix, Arizona, for plaintiff-appellee.

Before: FLETCHER and TASHIMA, Circuit Judges, and SINGLETON, District Judge.


SINGLETON, District Judge:

Frank Luca ("Luca") appeals his sentence imposed after he pleaded guilty to seventeen counts of mail fraud, interstate transport of stolen property and securities fraud in connection with a Ponzi scheme he ran. Luca contends that the district court erred in imposing three enhancements to his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291. We vacate Luca's sentence and remand for re-sentencing.

I. STANDARD OF REVIEW...

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