U.S. v. FITCH

No. 07-10607.

659 F.3d 788 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. David Kent FITCH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2011.


Attorney(s) appearing for the Case

Mario D. Valencia , Henderson, NV; Beau Sterling (argued), Sterling Law, LLC, Las Vegas, NV, for the defendant-appellant.

Camille W. Damm , Assistant United States Attorney, District of Nevada, Las Vegas, NV, for the plaintiff-appellee.

Opinion by Judge BLOCK; Dissent by Judge GOODWIN.


OPINION

BLOCK, District Judge:

David Kent Fitch was convicted by a jury of nine counts of bank fraud, two counts of fraudulent use of an access device, two counts of attempted fraudulent use of an access device, two counts of laundering monetary instruments, and one count of money laundering. The applicable Sentencing Guidelines range was 41-51 months. At sentencing, however, the district judge found by clear and convincing evidence that Fitch had murdered...

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