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U.S. v. ARAMONY

Nos. 97-4363, 97-4540.

166 F.3d 655 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. William ARAMONY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Thomas J. Merlo, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1999.

Attorney(s) appearing for the Case

ARGUED: John DeWitt Cline, Freedman, Boyd, Daniels, Hollander, Guttmann & Goldberg, Albuquerque, New Mexico, for Appellant Aramony; Richard Dennis Heideman, The Heideman Law Group, P.C., Washington, D.C., for Appellant Merlo. Gordon Dean Kromberg, Assistant United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: William B. Moffitt, Asbill, Junkin & Moffitt, Washington, D.C., for Appellant Aramony. Helen F. Fahey, United States Attorney, Randy I. Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before HAMILTON, LUTTIG, and KING, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge KING joined. Judge LUTTIG wrote a separate opinion concurring in part and dissenting in part.

OPINION

HAMILTON, Circuit Judge:

Codefendants William Aramony and Thomas Merlo (collectively the Defendants) appeal their respective sentences imposed following our remand for resentencing in United States v. Aramony,

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