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United States v. Linder

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ARGUED JANUARY 16, 2008

Before MANION, WOOD, and SYKES, Circuit Judges.

Michael G. Linder was in the business of providing services to union pension and health and welfare benefit plans. Linder entered into contracts to be the third-party administrator for the plans, and, in that capacity, exercised control over the plans’ assets. Linder abused his position, and two federal criminal prosecutions followed. In December 2004, Linder pleaded guilty to two counts of giving a thing of value in order to influence an employee benefit plan in violation of 18 U.S.C. § 1954. Less than two years later, Linder pleaded guilty to two counts of mail fraud in violation of 18 U.S.C. §§ 1341 and 1346 and five counts of theft or embezzlement from an employee benefit plan in violation of 18 U.S.C. § 664. At a consolidated sentencing hearing for the two cases, the district judge sentenced Linder to 60 months’ imprisonment on the two § 1954 counts, 84 months’ imprisonment on the two mail fraud counts, and 60 months’ imprisonment on each of the § 664 counts. The sentences of imprisonment on all the counts were to be served concurrently. Linder has filed a notice of appeal in both cases. We dismiss Linder’s appeal challenging his sentence in the 2006 case and affirm Linder’s appeal challenging his sentence in the 2004 case.

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