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U.S. v. ZOLP

No. 05-50822.

479 F.3d 715 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Marshall ZOLP, a/k/a Gary Anderson, Tucker Binkley, John Cassidy, Robert Cassidy, Marcelino Colt, John Douglas, Marcelino Fernandez, Marshall Hamilton, John Hancock, John Lehman, Marshall McCrae, Marshall McCray, Marshall Nemitz, Alex Seagrove, Frank Tully, Werner Wassler, Martin Wellington, Don Wells and Marshall Von Zolp, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2007.

Attorney(s) appearing for the Case

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Ellyn M. Lindsay, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before ANDREW J. KLEINFELD, RAYMOND C. FISHER, and MILAN D. SMITH, JR., Circuit Judges.

SMITH, Circuit Judge.

Defendant-appellant Marshall Zolp appeals the district court's sentence following his plea of guilty to federal securities fraud. Zolp challenges two aspects of his sentencing proceedings: (1) the district court's factual finding that the involved stock was "worthless" after the fraud came to light, and (2) the district court's decision to consider Zolp's cooperation only as part of the larger analysis under 18 U.S.C. § 3553(a) and not as...

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