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U.S. v. EVANS

No. 13-1022.

744 F.3d 1192 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas B. EVANS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 11, 2014.

Attorney(s) appearing for the Case

Veronica Rossman , Assistant Federal Public Defender, ( Warren R. Williamson , Federal Public Defender, Interim and Virginia L. Grady , Federal Public Defender, Interim, on the briefs), Denver, CO, for Defendant-Appellant.

Ellen Meltzer , ( Fred G. Medick of Fraud Section, Criminal Division of the United States Department of Justice, Mythili Raman , Acting Assistant Attorney General, and Denis J. McInerney , Acting Deputy Assistant Attorney General, on the brief), Washington, DC, for Plaintiff-Appellee.

Before KELLY, GORSUCH, and HOLMES, Circuit Judges.

KELLY, Circuit Judge.

Defendant-Appellant Thomas Evans pled guilty to one count of conspiracy to commit mail and wire fraud, 18 U.S.C. §§ 1349, 1341, 1343, and was sentenced to 168 months' imprisonment and five years' supervised release. He now appeals his sentence. Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). Because the district court erred in calculating loss and failing to award an offense level reduction for acceptance...

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