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U.S. v. MILWITT

No. 05-10344.

475 F.3d 1150 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. John MILWITT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2007.

Attorney(s) appearing for the Case

Michael Shepard and James Mink, Heller Ehrman LLP, San Francisco, CA, for the defendant-appellant.

Kevin V. Ryan, Barbara Valliere, and Shawna Yen, United States Attorney's Office, San Jose, CA, for the plaintiff-appellee.

Before J. CLIFFORD WALLACE, MICHAEL DALY HAWKINS, and SIDNEY R. THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

John Milwitt ("Milwitt") appeals his conviction of five counts of bankruptcy fraud and his sentence of twenty-four months imprisonment and three years supervised release. Milwitt challenges his conviction on several bases, including sufficiency of the evidence. Because the evidence presented was insufficient to sustain the verdict, we reverse the conviction.

I

Sometime prior to March 1997, Milwitt placed an advertisement in...

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