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U.S. v. McCall, No. 97-1662 (2nd Cir.) (174 F.3d 47) (December 4, 1998) (Judge Ralph K. Jr. Winter)

In this case, the defendant embezzled funds primarily from IRAs, and many of the accountholders he targeted were over seventy years old. One was over ninety. At sentencing, the only contested issue was whether the facts warranted application of U.S.S.G. ยง 3A1.1(b). The district court found that McCall "knew or ...

 

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