U.S. v. LYONS

No. 04-50157.

454 F.3d 968 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. O. Stephen LYONS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2006.


Attorney(s) appearing for the Case

John Lanahan, San Diego, CA, for the defendant-appellant.

Melanie K. Pierson, Assistant U.S. Attorney, San Diego, CA, for the plaintiff-appellee United States of America.

Before: ROBERT R. BEEZER, THOMAS G. NELSON, and RONALD M. GOULD, Circuit Judges.


GOULD, Circuit Judge.

Stephen Lyons appeals his conviction and sentence, imposed by the district court upon a jury verdict finding him guilty of mail fraud, in violation of 18 U.S.C. § 1341. We have jurisdiction under 28 U.S.C. § 1291. We affirm Lyons's conviction, vacate his sentence, and remand for resentencing.

I

In July 2003, a federal grand jury charged Lyons with ten counts of mail fraud. The indictment alleged that Lyons sold fraudulent...

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