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U.S. v. ZAKRZEWSKI

No. 10-5055.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MICHAL ZAKRZEWSKI, a/k/a White Mike, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2012.

Attorney(s) appearing for the Case

ARGUED: David O. Schles , LAW OFFICE OF DAVID SCHLES, Charleston, West Virginia, for Appellant.

Michael Alan Rotker , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON BRIEF: Lanny A. Breuer , Assistant Attorney General, Greg D. Andres , Acting Deputy Assistant Attorney General, Ellen R. Meltzer , Patrick M. Donley , Peter B. Loewenberg , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Affirmed in part, vacated in part, and remanded by unpublished opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge King joined.

Unpublished opinions are not binding precedent in this circuit.

DIAZ, Circuit Judge:

Michal Zakrzewski pleaded guilty to offenses stemming from his participation in a fraudulent telemarketing conspiracy. On appeal, Zakrzewski challenges his sentence, which includes a restitution order. The government seeks to enforce Zakrzewski's appeal waiver, maintaining that his appeal should be dismissed. Zakrzewski, however, contends that the appeal waiver...

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