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U.S. v. ERPENBECK

Nos. 06-4247, 06-4248, 06-4386, 06-4389.

532 F.3d 423 (2008)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. A. William ERPENBECK, Jr., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2008.

Attorney(s) appearing for the Case

ARGUED: Eric W. Richardson, Vorys, Sater, Seymour & Pease LLP, Cincinnati, Ohio, for Appellant. Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Eric W. Richardson, Glenn V. Whitaker, Michael J. Bronson, Vorys, Sater, Seymour & Pease LLP, Cincinnati, Ohio, for Appellant. Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

GILMAN, J., delivered the opinion of the court, in which McKEAGUE, J., joined. ROGERS, J. (pp. 444-45), delivered a separate opinion concurring in all of the majority opinion except for part II.C.1.b, the last sentence of part II.E.2 and part II.E.3.b.

OPINION

RONALD LEE GILMAN, Circuit Judge.

A. William Erpenbeck, Jr. pled guilty to one count of bank fraud, in violation of 18 U.S.C. § 1344. Before he was sentenced, he also pled guilty to participating in a conspiracy to obstruct justice by interfering with his sentencing proceeding, in violation of 18 U.S.C. § 371. The court then sentenced Erpenbeck to 300 months of imprisonment for bank fraud with a concurrent sentence of 60 months for obstruction...

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