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U.S. v. HAMAKER

Nos. 03-12554, 05-11399.

455 F.3d 1316 (2006)

UNITED STATES of America, Plaintiff-Appellee Cross-Appellant, v. Dewey M. HAMAKER, Linda M. Hamaker, Morgan City Construction, Inc., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 14, 2006.

Attorney(s) appearing for the Case

Walter E. Braswell, Birmingham, AL, for Defendants-Appellants Cross-Appellees.

William C. Athanas, Malinda R. Lawrence, Joyce White Vance, Asst. U.S. Atty., Birmingham, AL, for U.S.

Before HULL, WILSON and GOLDBERG, Circuit Judges.

HULL, Circuit Judge:

Appellants Dewey Hamaker, Linda Hamaker, and Morgan City Construction, Inc. ("MCC") appeal their convictions for bank fraud and related offenses. The government cross-appeals both Hamakers' 18-month sentences on the grounds that the district court miscalculated the applicable sentencing Guidelines range. After review and oral argument, we affirm Appellants' convictions, vacate Appellants' sentences and remand for resentencing.

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