United States v. Aaron Hymas
Court of Appeals for the Ninth Circuit
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…
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