No. 07-3051.

528 F.3d 1280 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. David C. WITTIG, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 17, 2008.

Attorney(s) appearing for the Case

Richard L. Hathaway, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Christine E. Kenney, Assistant United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Lisa R. Eskow of Weil, Gotshal & Manges (Steven Alan Reiss, J. Nicholas Bunch, and Carol A. Funk, with her on the briefs), Austin, TX, for Defendant-Appellant.

Before HARTZ, O'BRIEN and HOLMES, Circuit Judges.

O'BRIEN, Circuit Judge.

David C. Wittig appeals—for the third time—from his sentence for conspiracy, bank fraud and money laundering. We vacated his first two sentences (51 months imprisonment and 60 months imprisonment). United States v. Weidner, 437 F.3d 1023 (10th Cir.2006) (Wittig I); United States v. Wittig, 206 Fed.Appx. 763 (10th Cir.2006) (unpublished) (Wittig II). The district court...

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