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U.S. v. JENKINS

Nos. 09-10109, 09-10110.

633 F.3d 788 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Randy W. JENKINS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ira W. Gentry, Jr., aka Ira Willie Gentry, aka Donald Isaac Williams, aka Don Williams, aka Fred Koone, aka Don Brown, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2011.

Attorney(s) appearing for the Case

Phillip Edward Hantel , Phoenix, AZ, for defendant-appellant Randy Jenkins.

Daniel Robert Drake , Drake Law PLC, Phoenix, AZ, for defendant-appellant Ira W. Gentry.

Frank Phillip Cihlar , Michael Vasiliadis , and Elissa Hart-Mahan , United States Department of Justice, Tax Division, Washington, D.C.; Frank T. Galati and Reid Charles Pixler , Office of the United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

Before: BETTY B. FLETCHER, RICHARD C. TALLMAN and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

B. FLETCHER, Circuit Judge:

INTRODUCTION

This case arises out of a "pump and dump" scheme during which Randy Jenkins and Ira Gentry conspired to secretly acquire millions of shares of UniDyn Corporation stock, artificially inflate its value, sell it for significant profit, and launder the proceeds. After a sixteen-day trial, a jury convicted Jenkins and Gentry ("Appellants") of multiple counts of securities fraud (15 U.S.C. §§...

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