United States of America, Plaintiff-appellee, v. Charles Reece, Defendant-appellant, 29 F.3d 637 (9th Cir. 1994)

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U.S. Court of Appeals for the Ninth Circuit - 29 F.3d 637 (9th Cir. 1994) July 13, 1994

Before: POOLE and REINHARDT, Circuit Judges, and TANNER,*  District Judge.

ORDER

On the basis of the oral argument, the sentence is vacated and the matter is remanded to the district court so that it may recompute the actual loss excluding the attorneys fees (and any other incidental costs or expenses) prior to reimposing an appropriate sentence. We find no error in the district court's failure to depart downwardly on the ground of aberrant behavior.

 *

Honorable Jack E. Tanner, Senior United States District Judge for the Western District of Washington, sitting by designation

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