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United States v. Pulley

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ARGUED NOVEMBER 4, 2009

Before CUDAHY, FLAUM, and EVANS, Circuit Judges.

Ondray Pulley pleaded guilty to one count of wire fraud related to a scheme to defraud the United Airlines Employees’ Credit Union (UAECU). He was sentenced to 87 months’ imprisonment and ordered to pay restitution. Pulley now appeals, arguing that the government’s lack of candor at his co-defendant’s sentencing proceedings caused the district court to make significant procedural errors at Pulley’s sentencing. Specifically, he contends that the district court, having determined at the sentencing of his co-defendant Anthony Anderson that Anderson was credible, did not want to reverse this determination. In Pulley’s opinion, the district court was therefore forced into making an impossible finding at Pulley’s sentencing that both Pulley and Anderson were accurately testifying even though their stories conflicted. Pulley also challenges the district court’s sentence as unreasonable.

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