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U.S. v. YEAMAN

Nos. 00-1498, 00-1500.

248 F.3d 223 (2001)

UNITED STATES of America, Appellant in Nos. 00-1498 and 00-1500, v. David Rex YEAMAN, Appellee in No. 00-1498, Nolan Leigh Mendenhall, Appellee in No. 00-1500.

United States Court of Appeals, Third Circuit.

Filed: April 26, 2001.

Attorney(s) appearing for the Case

Robert A. Zauzmer, Andrea G. Foulkes (Argued), Office of the U.S. Attorney, Philadelphia, PA, Attorneys for Appellant.

Frank C. Razzano (Argued), Dickstein, Shapiro, Morin & Oshinsky, Washington, DC, Attorney for Appellee David Rex Yeaman.

Patrick J. Egan (Argued), Donohue and Donohue, Philadelphia, PA, Attorney for Appellee Nolan Leigh Mendenhall.

BEFORE: NYGAARD and STAPLETON, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The United States government appeals the sentences of David Yeaman and Nolan Mendenhall on several counts of mail and wire fraud. We reversed the original sentences of both defendants following a previous government appeal, finding that the District Court had failed to apply the Sentencing Guidelines properly. United States v. Yeaman, 194 F.3d 442, 465 (3d Cir.1999)....

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