United States v. Michael T. Donine

Good Law
93 Daily Journal DAR 1583·985 F.2d 463·1993 WL 19977·1993 U.S. App. LEXIS 1615·93 Cal. Daily Op. Serv. 819
United States Court of Appeals for the Ninth CircuitFebruary 3, 199392-50309California1,370 words

Opinion

Opinion

Noonan, J.

Michael Donine pleaded guilty to four counts of mail fraud in violation of 18 U.S.C. §§ 1841 and 2(b). He was sentenced to 18 months imprisonment, 3 years of supervised release, a fine of $5,000, and restitution of $24,898. He appeals his sentence. We affirm.

PROCEEDINGS

Between December 1985 and October 1987 Donine was employed as a stockbroker by Paine Webber in Los Angeles, California. Between October 1987 and March 1989 he worked in the same capacity for Prudential-Bache (Pru-Bache) in Oxnard, California. Between March 1989 and June 1989 he was employed as a financial consultant for Shearson Lehman Hutton in Ven-tura, California. He was terminated from this position on June 12, 1989 after a customer had complained about an unauthorized check drawn on the customer’s account. On July 27, 1989 Donine was indicted on eleven counts of mail fraud in connection with one Paine Webber account, four Shearson Lehman Hutton accounts, and six Pru-Bache accounts handled by him.

On January 13, 1992, when he appeared in court for post-indictment arraignment, Donine informed the pretrial services office that he had no prior arrests.

On March 9, 1992 Donine entered into a plea agreement…

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