Smith v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 22cv0798 DMS (BGS)

MICHAEL SMITH,

Plaintiff, ORDER GRANTING MOTION TO v. DISMISS UNITED STATES, Defendant. 16 17 On July 10, 2010, a jury in United States District Court for the Eastern District of Kentucky found Plaintiff Michael Smith guilty of multiple counts of mail fraud. United States v. Smith, Case No. 08cr31, United States District Court for the Eastern District of Kentucky, ECF No. 314. Judgment in that case was entered on July 1, 2011, sentencing Mr. Smith to 120 months in prison and three years of supervised release. Id., ECF No. 669. Mr. Smith was also ordered to make restitution in the amount of $5,506,917.76. Id., ECF No. 825. Mr. Smith appealed his conviction, id., ECF No. 704, and also appealed one of the court’s forfeiture orders. Id., ECF No. 842. The United States Court of Appeals for the…