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U.S. v. JARVIS

No. 00-1514.

258 F.3d 235 (2001)

UNITED STATES of America, v. John T. JARVIS, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 19, 2001.

Attorney(s) appearing for the Case

Lisa B. Freeland (argued), Office of the Federal Public Defender, 960 Penn Avenue, 415 Convention Tower, Pittsburgh, Pennsylvania 15222, Attorney for Appellant.

Bonnie R. Schlueter (argued), Office of the United States Attorney 633 U.S. Post Office & Courthouse, Pittsburgh, Pennsylvania 15219, Attorney for Appellee.

Before: BECKER, Chief Judge, SCIRICA and FUENTES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

This is an appeal of a five-level upward departure from the fraud sentencing guideline. In December 1999, John T. Jarvis pled guilty to one count of mail fraud in violation of 18 U.S.C. §§ 1341 and 1342. He admitted to participating in two separate fraudulent schemes that bilked investors of more than $880,000. The Presentence Investigation Report ("PSR") set...

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