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U.S. v. KIM

Nos. 03-11016, 03-11022.

364 F.3d 1235 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Kyung Sik KIM, a.k.a. John Kim, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. In Ok Kim, a.k.a. Cindy Kim, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 30, 2004.

Attorney(s) appearing for the Case

Randy S. Chartash, Amy Levin Weil, Atlanta, GA, for Plaintiff-Appellant.

Craig A. Gillen, Gillen, Dailey, Cromwell, Withers & Brantley, LLC, Atlanta, GA, for Defendants-Appellees.

Before ANDERSON and BLACK, Circuit Judges, and NANGLE, District Judge.

BLACK, Circuit Judge:

In this sentencing guidelines case, Appellee Kyung Sik Kim pled guilty to conspiracy to defraud the United States, in violation of 42 U.S.C. § 1760(g) and 18 U.S.C. § 371. His wife, Appellee In Ok Kim, pled guilty to fraudulently obtaining government assistance, in violation of 42 U.S.C. § 1760(g). At sentencing, the district court granted each Appellee a downward departure from the guidelines...

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