US v. Johnston, No. 06-6397

District court's resentencing of a defendant to 51 months' imprisonment and an order to pay restitution for the full amount of loss in excess of $6,600,000 for failing to pay $1 million in restitution by the deadline provided in a plea agreement for committing mail fraud is affirmed as the district court's willfulness finding was not clearly erroneous based on its findings evidencing defendant's deception and manipulation regarding his finances. 

Read US v. Johnston, No. 06-6397

Appellate Information

Argued: January 13, 2010

Decided and Filed: February 11, 2010

Judges

Opinion by Circuit Judge  Gilman

Counsel

For Appellant:  Gerald L. Gulley, Jr., Gulley Oldham PLLC

For Appellee:  Charles P. Wisdom, Jr., Kenneth R. Taylor, Assistant US Attorney