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U.S. v. SHIRLEY

Nos. 12-3893, 12-3956.

720 F.3d 659 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Timothy H. SHIRLEY, Defendant-Appellant. United States of America, Plaintiff-Appellee v. Matthew K. Shirley, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2013.

Attorney(s) appearing for the Case

Jeffrey Louis Thomas , Assistant Federal Public Defender, Omaha, NE, for Appellant Timothy Shirley.

William Bianco , Omaha, NE, for Appellant Matthew Shirley.

Russell X. Mayer , Assistant United States Attorney, Omaha, NE, for Appellee.

Before COLLOTON, GRUENDER, and BENTON, Circuit Judges.

GRUENDER, Circuit Judge.

A jury convicted Matthew and Timothy Shirley of conspiracy to defraud the United States, in violation of 18 U.S.C. § 371, and theft of government property, in violation of 18 U.S.C. § 641. Timothy also was convicted of Social Security fraud, in violation of 42 U.S.C. § 408. Matthew and Timothy appeal their convictions, claiming there was insufficient evidence to support the jury's verdict. Timothy also appeals his sentence....

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