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U.S. v. JOHNSON

No. 15-30350.

875 F.3d 422 (2017)

UNITED STATES of America, Plaintiff-Appellant, v. Donald Mitchell JOHNSON, AKA Ski Johnson, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2017.

Amended August 22, 2017.

Attorney(s) appearing for the Case

Chad Spraker (argued), Assistant United States Attorney; Michael W. Cotter , United States Attorney; United States Attorney's Office, Helena, Montana; for Plaintiff-Appellant.

Michael Donahoe (argued), Senior Litigator; Anthony R. Gallagher , Federal Defender; Federal Defenders of Montana, Helena, Montana; for Defendant-Appellee.

Before: Richard A. Paez and Consuelo M. Callahan, Circuit Judges, and Morrison C. England, Jr., District Judge.

OPINION

A jury convicted Donald "Ski" Johnson of wire fraud in violation of 18 U.S.C. § 1343. The district court sentenced Johnson to five years' probation and ordered Johnson to pay $5,648.58 in restitution. On appeal, the government argues that the district court erred by considering only Johnson's fraudulent...

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