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
Argued: January 13, 2010
Decided and Filed: February 11, 2010
Opinion by Circuit Judge Gilman
For Appellant: Gerald L. Gulley, Jr., Gulley Oldham PLLC
For Appellee: Charles P. Wisdom, Jr., Kenneth R. Taylor, Assistant US Attorney
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