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U.S. v. AGUIRRE-GONZÁLEZ

No. 08-1276.

597 F.3d 46 (2010)

UNITED STATES of America, Appellee, v. Alvin F. AGUIRRE-GONZÁLEZ, Defendant, Appellee, Richard J. Schmeelk; William B. Finneran; and Jira Associates, LP, Movants, Appellants, Wells Capital Management, Inc., Provisional Intervenor.

United States Court of Appeals, First Circuit.

Decided March 2, 2010.

Attorney(s) appearing for the Case

Ina M. Berlingeri-Vicenty, with whom Greenberg Traurig, P.A., was on brief for appellants Schmeelk, Finneran, and Jira Associates.

Michael A. Rotker, Attorney, U.S. Department of Justice, Criminal Division, Appellate Section, with whom Rosa E. Rodríguez-Vélez, United States Attorney, District of Puerto Rico, were on brief for appellee.

Daniel J. Vaccaro, with whom Aaron H. Kastens, and Michael Best & Friedrich LLP, were on brief for the provisional intervenor.

Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

Richard J. Schmeelk, William B. Finneran, and JIRA Associates, LP were victims of a fraudulent investment scheme run by Defendant Alvin F. Aguirre-González ("Aguirre").1 They brought this appeal after the district court denied their motion for an order of restitution at Aguirre's sentencing.

The government concedes that, under the applicable federal restitution statutes, the district court "indisputably...

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