728 F.3d 971 (9th Cir. 2013), 12-30250, United States v. Swor

Docket Nº:12-30250
Citation:728 F.3d 971
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SHAWN ANTHONY SWOR, Defendant-Appellant
Attorney:Timothy M. Bechtold (argued), Bechtold Law Firm, PLLC, Missoula, Montana, for Defendant-Appellant. Carl E. Rostad (argued) and J. Bishop Grewell, Assistant United States Attorneys; Michael W. Cotter, United States Attorney, United States Attorney's Office, Great Falls, Montana, for Plaintiff-Appe...
Judge Panel:Before: Alex Kozinski, Chief Judge, and Marsha S. Berzon, and Andrew D. Hurwitz, Circuit Judges.
Case Date:August 27, 2013
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 971

728 F.3d 971 (9th Cir. 2013)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

SHAWN ANTHONY SWOR, Defendant-Appellant

No. 12-30250

United States Court of Appeals, Ninth Circuit

August 27, 2013

Argued and Submitted, Portland, Oregon: May 10, 2013.

Appeal from the United States District Court for the District of Montana. D.C. No. 9:11-cr-00057-DWM-2. Donald W. Molloy, District Judge, Presiding.

SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.

Timothy M. Bechtold (argued), Bechtold Law Firm, PLLC, Missoula, Montana, for Defendant-Appellant.

Carl E. Rostad (argued) and J. Bishop Grewell, Assistant United States Attorneys; Michael W. Cotter, United States Attorney, United States Attorney's Office, Great Falls, Montana, for Plaintiff-Appellee.

Before: Alex Kozinski, Chief Judge, and Marsha S. Berzon, and Andrew D. Hurwitz, Circuit Judges.

SUMMARY[*]

Criminal Law

The panel affirmed in part and vacated in part a sentence imposed after the defendant pled guilty to one count of investment fraud in violation of 18 U.S.C. § 1343, and remanded.

The panel held that the district court abused its discretion by including in the restitution order losses suffered by victims who entrusted Eric Schultz to invest in an investment scheme touted by Dan Two Feathers on the ground that the defendant had introduced Schultz to Two Feathers some months earlier. The panel reasoned that intervening events made the defendant's connection to Schultz's losses in that scheme -- which began two months after, and was separate from, the scheme in which the defendant was involved -- too attenuated to impose liability on the defendant for Schultz's victims' losses.

The panel held that the district court did not clearly err in finding that the defendant failed to establish that he played a minor role in the offense.

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OPINION

PER CURIAM:

Shawn Anthony Swor appeals from the sentence imposed after he pled guilty to one count of investment fraud in violation of 18 U.S.C. § 1343. We affirm the sentence in part and vacate in part.

I.

Swor was a mortgage broker. In February 2008, he, Dan Two Feathers, and Terrence Paulin founded DTF Consulting Group to lure investors to " high yield" opportunities, using " leveraged investment and securities programs." Essentially, DTF advertised that it would leverage modest investments to secure much larger lines of credit and invest loan proceeds in government securities, which DTF would buy at a discount and sell at a premium, using its ostensible " connections in the world of international finance." At Two Feathers' direction, Paulin created a fraudulent $1.5 billion letter of credit " to entice potential investors." During DTF's short existence, each of the company's founders traveled the country to promote the scheme and boast of its " extremely high returns."

One potential investor intrigued by the scheme was Eric...

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