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UNITED STATES v. SMITH

Nos. 22-1506/1552.

79 F.4th 790 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Daja Don-Kevia SMITH (22-1506); Davonte Rayshad Hoskins (22-1552), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2023.

Attorney(s) appearing for the Case

ON BRIEF: Kevin M. Schad , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cincinnati, Ohio, for Appellant IN 22-1506. Julia A. Kelly , WILLEY & CHAMBERLAIN LLP, Grand Rapids, Michigan, for Appellant in 22-1552. Timothy P. VerHey , Andrew Byerly Birge , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

BATCHELDER, J., delivered the opinion of the court in which COLE and NALBANDIAN, JJ., joined. NALBANDIAN, J. (pp. 799-800), delivered a separate concurring opinion.

OPINION

Daja Smith and Davonte Hoskins were co-conspirators in a large bank-fraud scheme, in which they called the victims, pretending to be from their bank, gained access to the victims' accounts, and stole their money. Both pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft...

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