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United States v. Wayne Edward Null, Also Known as Edward Wayne Noll, Also Known as Wayne Eddie Noel

Citations: 48 F.3d 1233; 1995 U.S. App. LEXIS 18187; 1995 WL 94450Docket: 95-6003

Court: Court of Appeals for the Tenth Circuit; February 28, 1995; Federal Appellate Court

Narrative Opinion Summary

Wayne Edward Null appeals the district court's denial of bail pending his appeal of a criminal conviction on two counts. The Tenth Circuit Court reviews the district court's decision using a plenary standard for legal questions, while affording deference to the factual findings. Null argues that the district court improperly enhanced his sentence due to losses from the foreclosure of his home, asserting that he misrepresented his financial status through concealed assets under false identities. However, the appellate court concludes that Null has not presented a substantial question for appeal regarding this enhancement. Consequently, the judgment of the United States District Court for the Western District of Oklahoma is affirmed. The order and judgment is not considered binding precedent, except under specific legal doctrines, and citation is generally disfavored unless in compliance with the court's General Order dated November 29, 1993.

Legal Issues Addressed

Denial of Bail Pending Appeal

Application: The district court's denial of bail pending Null's appeal is upheld as the appellate court finds no substantial question for appeal.

Reasoning: Wayne Edward Null appeals the district court's denial of bail pending his appeal of a criminal conviction on two counts.

Precedential Value of Order and Judgment

Application: The order and judgment is not considered binding precedent except under specific legal doctrines, and citation is restricted.

Reasoning: The order and judgment is not considered binding precedent, except under specific legal doctrines, and citation is generally disfavored unless in compliance with the court's General Order dated November 29, 1993.

Sentence Enhancement Based on Financial Misrepresentation

Application: Null's argument that his sentence was improperly enhanced due to losses from foreclosure is rejected as the appellate court finds no substantial question regarding this enhancement.

Reasoning: Null argues that the district court improperly enhanced his sentence due to losses from the foreclosure of his home, asserting that he misrepresented his financial status through concealed assets under false identities.

Standard of Review for Legal Questions

Application: The Tenth Circuit Court reviews the district court's decision using a plenary standard for legal questions.

Reasoning: The Tenth Circuit Court reviews the district court's decision using a plenary standard for legal questions, while affording deference to the factual findings.