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U.S. v. SIMPSON

No. 07-5840.

538 F.3d 459 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Harold SIMPSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2008.

Attorney(s) appearing for the Case

ARGUED: Kent Wicker, Reed Wicker, Louisville, Kentucky, for Appellant. Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Kent Wicker, Steven S. Reed, Reed Wicker, Louisville, Kentucky, for Appellant. Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before GILMAN, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Defendant Harold Simpson appeals the sentence and order of restitution imposed for his crime of mail fraud. For several years, Simpson underreported payroll information for his businesses to his workers' compensation insurance carriers. The district court concluded that the "loss" caused by this conduct was the amount of additional premiums that the insurance carriers would have charged had they been given accurate information...

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