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U.S. v. DEFTERIOS

No. 02-50592.

343 F.3d 1020 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Neko K. DEFTERIOS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2003.

Attorney(s) appearing for the Case

David A. Hoffer, Assistant United States Attorney, Santa Ana, California, for the plaintiff-appellant.

William S. Harris, South Pasadena, California, for the defendant-appellee.

Before: JOHN T. NOONAN, RICHARD C. TALLMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.

Argued and Submitted August 6, 2003 — Pasadena, California.

OPINION

NOONAN, Circuit Judge.

The United States appeals the sentence imposed on Neko Kimon Defterios. Pursuant to a plea agreement, he pleaded guilty to two counts of bank fraud in violation of 18 U.S.C. § 1344. Holding that the district court erred as a matter of law in sentencing him to imprisonment of one month, we reverse the district court and remand for resentencing.<...

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