U.S. v. MARTIN

No. 05-16645. Non-Argument Calendar.

455 F.3d 1227 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Michael MARTIN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 11, 2006.


Attorney(s) appearing for the Case

Joyce White Vance, Birmingham, AL, for U.S.

Bruce C. Bishop, Mark J. Hulkower, Steptoe & Johnson, LLP, Washington, DC, for Martin.

Before CARNES, HULL and MARCUS, Circuit Judges.


HULL, Circuit Judge:

This is the second time the government has appealed the sentence of defendant-appellee Michael Martin, a former HealthSouth Corporation ("HealthSouth") executive, who pled guilty to conspiracy to commit securities fraud and mail fraud and falsify books and records, in violation of 18 U.S.C. § 371, and falsifying books and records, in violation of 15 U.S.C. §§ 78m(b)(2)(A), 78m(b)(5), and 78ff, 17 C.F.R. § 240.13b2-1, and 18...

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