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U.S. v. ACIERNO

No. 07-4473.

579 F.3d 694 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Stephanie ACIERNO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 27, 2009.

Attorney(s) appearing for the Case

ARGUED: Jonathan P. Witmer-Rich, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Gary D. Arbeznik, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Jonathan P. Witmer-Rich, Edward G. Bryan, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Gary D. Arbeznik, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: COLE and CLAY, Circuit Judges; CLELAND, District Judge.

OPINION

CLELAND, District Judge.

Defendant-Appellant Stephanie Acierno and her boyfriend, Alan Kessler, through many fits and starts, eventually hired a "hit man" — actually an undercover FBI agent — to murder her estranged husband, Christopher Acierno ("Christopher"). They paid the agent a mere $100 which Defendant contends was only for "expenses," such as gas money, and argues that money for expenses cannot constitute payment of "anything...

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