US v. Holden

(United States Ninth Circuit) – Affirmed an investment promoter’s conviction of mail and wire fraud and other offenses, but vacated and remanded for resentencing. On appeal, the defendant contended that the trial judge had misinstructed the jury on the elements of the crimes and also challenged the two-level organizer sentencing enhancement. The Ninth Circuit rejected his arguments concerning the jury instructions but vacated his 87-month prison sentence and the restitution order and remanded for further proceedings.