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U.S. v. WETHERALD

No. 09-11687.

636 F.3d 1315 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy WETHERALD, Marc Shiner, Leon Swichkow, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 28, 2011.

Attorney(s) appearing for the Case

David Jonathon Joffe (Court-Appointed), Joffe & Joffe, P.A., Avin E. Entin , Entin, Margules & Della Fera, P.A., Bernardo Lopez , Fed. Pub. Def., Ft. Lauderdale, FL, Robert E. Adler , Asst. Fed. Pub. Def., West Palm Beach, FL, Kathleen M. Williams , Fed. Pub. Def., Miami, FL, for Defendants-Appellants.

Lisa A. Hirsch , Madeleine R. Shirley , Miami, FL, for U.S.

Before DUBINA, Chief Judge, BLACK, Circuit Judge, and GOLDBERG, Judge.

DUBINA, Chief Judge:

Appellants Timothy Wetherald, Marc Shiner, and Leon Swichkow (collectively "Appellants") appeal their convictions and sentences resulting from a thirty-one count indictment for their involvement in a scheme—running from approximately 2000 to 2003—to defraud investors in telecommunication companies, known as competitive local exchange carriers ("CLECs"), operated by Appellants. Counts 1-3, 7-8, and 10-18 charged Shiner and Swichkow...

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