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U.S. v. JOHNSTON

No. 06-6397.

595 F.3d 292 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Charles William JOHNSTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 11, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Gerald L. Gulley, Jr., Gulley Oldham PLLC, Knoxville, Tennessee, for Appellant. Charles P. Wisdom, Jr., Kenneth R. Taylor, Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before: SUHRHEINRICH, COLE, and GILMAN, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Charles William Johnston pled guilty to mail fraud in connection with a fraudulent insurance scheme. Pursuant to the terms of his plea agreement, Johnston was sentenced to 25 months in prison and ordered to pay $1,000,000 in restitution. After Johnston failed to pay any of the restitution amount by the deadline provided in the plea agreement, the government filed a motion to resentence him pursuant to 18 U.S.C. ...

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