United States v. Mark, No. 13-10579 (9th Cir. 2015)
Annotate this CaseDefendant appealed his conviction for charges related to a mortgage-fraud scheme. At issue was whether defendant breached an immunity agreement and thus made himself amenable to prosecution. The court concluded that, in light of the gaps and contradictions in the record, the district court’s failure to either grant defendant's motion for reconsideration or order an additional evidentiary hearing was an abuse of discretion. Accordingly, the court reversed the district court's denial of defendant's motion to reconsider and remanded with directions to dismiss the indictment.
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