- Associated Press - Monday, September 29, 2014

ALBUQUERQUE, N.M. (AP) - A federal appeals court has upheld an Albuquerque man’s fraud convictions for submitting false information to obtain more than $5.5 million in home mortgage loans but ordered that he be resentenced.

A jury in 2011 convicted Kevin Powers of 17 counts of wire fraud. He was sentenced to 56 months in prison and ordered to pay nearly $1.2 million in restitution.

The 10th U.S. Circuit Court of Appeals on Monday upheld Powers’ convictions but ruled that the trial judge didn’t correctly apply a sentencing enhancement allowed under federal guidelines.

The case stemmed from transactions involving nine homes in Albuquerque in 2006 and 2007. Powers was a real estate agent and mortgage broker

The false information included information on buyers’ financial qualifications, sales prices and intended uses of the property.

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