United States v. Behrooz K. Behnezhad

Bad Law
907 F.2d 896·1990 WL 89733·1990 U.S. App. LEXIS 10992
United States Court of Appeals for the Ninth CircuitJuly 3, 199089-10529California2,339 words

Opinion

Opinion

Fernandez, J.

Ahmad Shayesteh (a.k.a. Behrooz Behne-zhad) appeals the district court’s order to revoke Shayesteh’s supervised release. Shayesteh had violated a condition of his supervised release. The district court revoked Shayesteh’s release and ordered him to return to prison for ten months and then to serve twenty-four months of supervised release. The court also ordered Shayesteh to pay restitution of $1500, to pay a fine of $2500, and to reimburse the government for the fees of Shayesteh’s court-appointed attorney.

We reverse and remand.

BACKGROUND FACTS

In August of 1988, Shayesteh pleaded guilty to two counts of mail fraud in violation of 18 U.S.C. § 1341 . The mail fraud charges stemmed from Shayesteh’s scheme to defraud a securities brokerage firm. Shayesteh was sentenced to twenty months in prison followed by thirty-six months of supervised release. Shayesteh was also ordered to make restitution to the securities brokerage firm in the amount of $17,-213.12. Finally, the district court placed various conditions on Shayesteh’s supervised release. One condition was that Shayesteh not trade or speculate on any securities during the term of his supervised release.

Shayesteh served his…

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