U.S. v. SMITH

No. 11-6240.

705 F.3d 1268 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick Reuben SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 25, 2013.


Attorney(s) appearing for the Case

Alleen Castellani VanBebber of McDowell, Rice, Smith & Buchanan, P.C., Kansas City, MO, for Defendant-Appellant.

Scott E. Williams , Assistant United States Attorney ( Sanford C. Coats , United States Attorney, and Chris M. Stephens , Assistant United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.


McKAY, Circuit Judge.

Defendant Derrick Reuben Smith was convicted by a jury on one count of conspiracy to commit wire fraud in relation to real estate mortgages. The district court declared a mistrial as to four other counts on which the jury could not reach a verdict, later dismissing these counts without prejudice. At sentencing, the district court calculated an advisory sentencing range of thirty-seven to forty-six months...

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