United States v. Beacham, No. 12-10883 (5th Cir. 2014)
Annotate this CaseDefendants Tisdale, Jones, and Beacham appealed their convictions for various counts of conspiracy, wire fraud, and bank fraud for their involvement in a fraudulent real estate scheme. Tisdale and Beacham also appealed their sentences. The court concluded that the evidence was sufficient to convict defendants of the charges. However, the court concluded that the district court abused its discretion by using the original loan amounts to calculate restitution for the victims and the restitution order must be vacated. It is unclear whether the district court weighed the restitution awards in the balance when deciding Tisdale's, Jones's, and Beacham's prison terms. The district court did not state whether the imposition of restitution resulted in a modification of the prison sentences or its decision not to impose penal fines. Accordingly, the court affirmed the convictions but vacated the sentences, remanding for resentencing.
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