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U.S. v. FOLEY

No. 06-11145 Non-Argument Calendar.

508 F.3d 627 (2007)

UNITED STATES of America, Plaintiff-Appellant Cross-Appellee, v. Thomas J. FOLEY, III, a.k.a. Thomas Richard, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 21, 2007.

Attorney(s) appearing for the Case

Madeleine R. Shirley, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.

Scott William Sakin, Miami, FL, for Foley.

Before ANDERSON and PRYOR, Circuit Judges, and VINING, District Judge.

PRYOR, Circuit Judge:

The main issues in this appeal concern the findings a district court must make when it calculates the amount of loss and number of victims under the Sentencing Guidelines for an offender convicted of fraud. The government appeals Thomas Foley's sentence of 75 months of imprisonment and two years of supervised release for mail fraud, 18 U.S.C. § 1341, and money laundering, 18 U.S.C. § 1957, in a Ponzi-type scheme involving investments...

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