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U.S. v. TRIANA

No. 05-3173.

468 F.3d 308 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas J. TRIANA, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 2, 2006.

Attorney(s) appearing for the Case

ON BRIEF: G. Richard Strafer, Office of G. Richard Strafer, Miami, Florida, for Appellant. Bruce A. Khula, United States Attorney, Cleveland, Ohio, for Appellee.

Before: MARTIN and RYAN, Circuit Judges; MARBLEY, District Judge.

RYAN, J. (p. 326), delivered a separate opinion concurring except as to Part II.C.

OPINION

MARBLEY, District Judge.

On March 3, 2004, in a five-count indictment, a federal grand jury charged Nicholas J. Triana (hereinafter, "Triana" or "Defendant") with various fraudulent acts: (1) Count 1 charged Triana with conspiring, under 18 U.S.C. § 371, with unindicted co-conspirators—his sister, Jolynn Peck ("Peck"), and his attorney, Brian Salvagni...

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