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U.S. v. KAPLAN

Nos. 15-30213, 15-30225.

839 F.3d 795 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse D. KAPLAN; Daniel James Strycharske, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2016.

Attorney(s) appearing for the Case

Ralph Hurvitz (argued), Seattle, Washington, for Defendant-Appellant Jesse D. Kaplan.

Scott J. Engelhard (argued), Seattle, Washington, for Defendant-Appellant Daniel James Strycharske.

Charlene Koski (argued), Assistant United States Attorney; Annette L. Hayes , United States Attorney; United States Attorney's Office; for Plaintiff-Appellee.

Before: Michael Daly Hawkins and M. Margaret McKeown, Circuit Judges, and David A. Ezra, District Judge.

OPINION

Appellants Jesse Kaplan ("Kaplan") and Daniel Strycharske ("Strycharske") appeal their 36-month sentence of imprisonment and final judgment of restitution in the amount of $2,771,929 on the ground that the district court erred by calculating the restitution award using replacement value instead of fair market...

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