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U.S. v. HARDY

No. 01-50328.

279 F.3d 856 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. William Bernard HARDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2002.

Attorney(s) appearing for the Case

Thomas P. O'Brien, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Kathryn A. Young, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Before: BEEZER and WARDLAW, Circuit Judges, and SCHWARZER, District Judge.

BEEZER, Circuit Judge.

William Bernard Hardy ("Hardy") challenges his conviction and sentence for knowing possession of property stolen from interstate commerce and conspiracy to possess such property. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm Hardy's conviction, vacate his sentence and remand for resentencing.

I

Hardy and a partner contacted a broker in an attempt to sell several thousand digital...

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