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U.S. v. O'MALLEY

No. 04-2912.

425 F.3d 492 (2005)

UNITED STATES of America, Appellant, v. Phillip O'MALLEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 4, 2005.

Attorney(s) appearing for the Case

Richard E. Monroe, argued, Asst. U.S. Attorney, Springfield, MO, for appellant.

James R. Hobbs, argued, Kansas City, MO. (W. Brian Gaddy, Kansas City, on the brief), for appellee.

Before COLLOTON, McMILLIAN, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

Phillip O'Malley was convicted of conspiracy to commit fraud. His sentence required that he serve a term of probation, perform community service, pay a $10,000 fine, and make restitution in the amount of $459,047.02. On appeal by the government, this court concluded that the district court erroneously calculated the amount of loss and impermissibly departed from the then-mandatory guideline range. United States v. O'Malley, ...

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