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9th U.S. Circuit Court of Appeals

Oct. 23, 2024

Avenatti's sentence for client fraud, tax violations vacated

Former plaintiffs' attorney Michael Avenatti's sentence, and the calculation of losses to his clients, were vacated and remanded to the district judge who oversaw his Santa Ana trial.

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A 9th U.S. Circuit Court of Appeals panel vacated the 168-month sentence of former plaintiffs' attorney Michael J. Avenatti and remanded his wire fraud and obstruction of justice case to the district court for resentencing.

U.S. District Judge James V. Selna in Santa Ana failed to make explicit findings as to the elements of obstruction of justice based on perjury in connection with failure to pay taxes, so the enhancement must be vacated, the panel ruled in an unpublished opi...

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