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U.S. v. MARTINEZ

No. 09-2117.

610 F.3d 1216 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Toby MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 2010.

Attorney(s) appearing for the Case

Brian A. Pori of Inocenté P.C., Albuquerque, NM, for Defendant-Appellant.

Jonathon M. Gerson, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney, and Paula G. Burnett, Assistant United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, McWILLIAMS, and TYMKOVICH, Circuit Judges.

BRISCOE, Chief Judge.

Defendant-Appellant Toby Martinez was convicted of one count of conspiring to defraud the State of New Mexico during the construction of the Bernalillo County Metropolitan Courthouse in Albuquerque, in violation of 18 U.S.C. § 371, and two counts of mail fraud committed in furtherance of that fraudulent scheme, in violation of 18 U.S.C. §§ 1341 and 1346. The district court sentenced Martinez to 67

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