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Ill. man in erectile pump case asks for leniency

An Illinois man facing sentencing in Rhode Island for shipping unwanted penis enlargers to diabetes patients as part of a Medicare fraud scheme is asking for a maximum prison term of 1 1/2 years.

Lawyers for 49-year-old Gary Winner, of Wheeling, say in court papers that the guidelines for determining his punishment could result in a recommended prison term of five years and eight months to seven years and 2 1/2 months. They say Winner's conduct isn't serious enough to merit that sentence.

Prosecutors say Winner faces up to 33 years in prison at sentencing on Friday. They haven't filed their sentencing recommendations.

Winner pleaded guilty to four charges stemming from the scheme and agreed to forfeit about $2 million. A message was left for his lawyer Wednesday.

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