United States v. Sanjar, No. 15-20025 (5th Cir. 2017)
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The Fifth Circuit withdrew its prior opinion as to Defendant Adam Main and substituted the following opinion in its place. The only changes to the prior opinion are in sections V(B), VII(A), and the conclusion.
The court held that the district court was permitted to give the deliberate ignorance instruction as to Main. The court exercised its discretion to vacate the forfeiture order entered against Main and remanded for the determination of an award based on the property that Main obtained as a result of the fraud. Therefore, the court vacated the forfeiture order entered against Main and remanded for further proceedings in light of Honeycutt v. United States, 137 S. Ct. 1626 (2017). As to all defendants, the court modified the restitution and forfeiture orders to eliminate the offset.
This opinion or order relates to an opinion or order originally issued on March 27, 2017.
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