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Phone solicitor’s 90-month sentence affirmed

Phone solicitor’s 90-month sentence affirmed

Phone solicitor’s 90-month sentence affirmed

The Eleventh Circuit Court of Appeals has affirmed a sentence of 90 months in prison for a telephone solicitor convicted of conspiracy and mail fraud after a nine-day jury trial. It has rejected the defendant’s claim that the government failed to present sufficient evidence to support his conviction, had introduced evidence materially different from the charges in the indictment, and had improperly considered his lack of remorse during sentencing. Gary R. Tomey, II, operated several nonprofit entities that engaged in telemarketing to collect donations from the public. Using a script that Tomey had prepared, the solicitors told prospective donors that they were volunteers with a local...

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