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United States v. Kimoto

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ARGUED JUNE 2, 2009

Before POSNER, RIPPLE and KANNE, Circuit Judges, RIPPLE, Circuit Judge.

Kyle Kimoto was charged with one count of conspiracy, in violation of 18 U.S.C. § 371, one count of mail fraud, in violation of 18 U.S.C. § 1341, and twelve counts of wire fraud, in violation of 18 U.S.C. § 1343. After a ten-day trial, the jury convicted Mr. Kimoto on all counts. Mr. Kimoto appealed. For the reasons set forth in this opinion, we affirm Mr. Kimoto’s conviction and also affirm all aspects of his sentence except for the district court’s enhancement for the number of victims. With respect to this one aspect of Mr. Kimoto’s sentencing, we remand to the district court for further proceedings.

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