Legal Opinion

United States v. Aaron Hymas

Court of Appeals for the Ninth Circuit

Decided March 25, 2015No. 13-30239, 13-30240PublishedCited by 22 opinions

1Opinion of the Court

OPINION

CLIFTON, Circuit Judge:

Aaron and Tiffany Hymas were each convicted, pursuant to plea agreements, of one count of wire fraud under 18 U.S.C. § 1343. Aaron 1 appeals his sentence of 24 months’ imprisonment, contending that facts found by the district court in sentencing should have been subject to the clear and convincing standard of proof rather than the preponderance of the evidence standard that the district court applied; because of the disproportionate impact of those facts on the sentence that was imposed. We agree, in part, vacate that sentence, and remand to the district court…

2Cases cited19 opinions

  1. Kimbrough v. United StatesSupreme Court of the United States · 2007
  2. United States v. Dario RestrepoCourt of Appeals for the Ninth Circuit · 1991
  3. United States v. Ronald JordanCourt of Appeals for the Ninth Circuit · 2001
  4. Marvin Walker v. Michael MartelCourt of Appeals for the Ninth Circuit · 2013
  5. United States v. TreadwellCourt of Appeals for the Ninth Circuit · 2010

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3Cited by22 opinions

  1. United States v. Neil A. ThomsenCourt of Appeals for the Ninth Circuit · 2016
  2. United States v. Deljuan BankstonCourt of Appeals for the Ninth Circuit · 2018
  3. United States v. Miguel ValleCourt of Appeals for the Ninth Circuit · 2019
  4. United States v. David LonichCourt of Appeals for the Ninth Circuit · 2022
  5. United States v. Sri WijegoonaratnaCourt of Appeals for the Ninth Circuit · 2019

17 more not listed; retrieve them via the Exa API.

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