United States v. Muzio, No. 10-13325 (11th Cir. 2014)
Annotate this CaseDefendant was convicted of one count of conspiracy to commit wire fraud, two counts of substantive wire fraud, six counts of securities fraud, and two counts of making false statements to agents of the SEC and FBI. At issue was whether the court had jurisdiction to hear appeals from judgments sentencing defendant to a term of imprisonment and indicating that restitution will later be ordered but deferring determination of the specific amount. The court held that, regardless of whether a final judgment reflecting the amount of restitution has been entered, a judgment imposing a term of imprisonment is "freighted with sufficiently substantial indicia of finality to support an appeal." The court concluded that it had jurisdiction in this case because the judgment at issue in this appeal sentenced defendant to 163 months in prison. The court concluded, however, that defendant's issues raised on appeal lacked merit. Accordingly, the court affirmed defendant's sentence and conviction.
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