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U.S. v. YOST

No. 98-2464.

185 F.3d 1178 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Wallace C. YOST, a.k.a. Roddy Lynn Reeves, etc., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 11, 1999.

Attorney(s) appearing for the Case

Stephen R. Glassroth, Montgomery, AL, for Defendant-Appellant.

Benjamin W. Beard, Assistant U.S. Attorney, Pensacola, FL, William Wagner, Assistant U.S. Attorney, Gainesville, FL, for Plaintiff-Appellee.

Before EDMONDSON and BLACK, Circuit Judges, and PAUL, Senior District Judge.

BLACK, Circuit Judge:

Appellant Wallace C. Yost appeals his sentence for conspiracy to commit mail fraud, wire fraud, and bankruptcy fraud, in violation of 18 U.S.C. § 371, and mail fraud, in violation of 18 U.S.C. § 1341. He asserts the district court erred by resentencing him and revisiting issues at the second sentencing hearing that it had previously decided. We hold the district court, having discovered a clear error, had the authority under Rule 35...

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