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UNITED STATES v. WHEELER

Nos. 17-15003, 17-15030, 17-15379.

16 F.4th 805 (2021)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Matthew William WHEELER, a.k.a. Matthew Williams, James Wayne Long, a.k.a. J.W. Long, Defendants-Appellees-Cross-Appellants. United States of America, Plaintiff-Appellee, v. Anita Sgarro, a.k.a. Anita Simone, Charles David Smigrod, a.k.a. Charles David, Charles K. Topping, a.k.a. Charlie Kenn, Defendants-Appellants. United States of America, Plaintiff-Appellant-Cross-Appellee, v. James Wayne Long, Matthew William Wheeler, a.k.a. Matthew Williams, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 21, 2021.

Attorney(s) appearing for the Case

Ryan D. Tansey , U.S. Department of Justice, Antitrust Division, Washington, DC, Jason Wu , John C. Shipley , Assistant U.S. Attorneys, U.S. Attorney Service — SFL, Emily M. Smachetti , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellant.

Harry Martin Solomon , Harry M. Solomon, PA, Coral Gables, FL, for Defendant-Appellee.

Charles Garret White , Charles G. White, PA, Ft. Lauderdale, FL, for Defendant-Appellee.

Before Wilson, Lagoa, and Brasher, Circuit Judges.

This is a criminal appeal involving five co-defendants who were charged with wire fraud, mail fraud, and conspiracy for their alleged involvement in a telemarketing scheme to defraud stock investors. After an eight-week trial, in which the defendants made several motions for mistrial, the jury found each defendant guilty on all counts. At a...

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