U.S. v. BANYAN

Nos. 17-6410/6493.

933 F.3d 548 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Amir Babak BANYAN (17-6410); Bryan Puckett (17-6493), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 5, 2019.


Attorney(s) appearing for the Case

ARGUED: J. Alex Little , BONE MCALLESTER NORTON PLLC, Nashville, Tennessee, for Appellant in 17-6410. Stuart A. Berman , LERCH, EARLY, & BREWER, CHTD., Bethesda, Maryland, for Appellant in 17-6493. Sangita K. Rao , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: J. Alex Little , BONE MCALLESTER NORTON PLLC, Nashville, Tennessee, for Appellant in 17-6410. Stuart A. Berman , LERCH, EARLY, & BREWER, CHTD., Bethesda, Maryland, for Appellant in 17-6493. Elizabeth H. Danello , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Byron M. Jones , UNITED STATES ATTORNEY'S OFFICE, Nashville, Tennessee, for Appellee.

KETHLEDGE, J., delivered the opinion of the court in which OLIVER, D.J., joined. OLIVER, D.J. (pp. 555-57), delivered a separate concurring opinion. SILER, J. (pp. 557-58), delivered a separate dissenting opinion.


OPINION

In this case the government charged the defendants with the wrong crimes. Amir Banyan and Bryan Puckett engaged in a scheme in which they eventually obtained more than $5 million from a pair of mortgage companies by means of fraudulent mortgage applications. The scheme was revealed about two years after...

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