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United States Second Circuit


US v. DOWNING, 01-1437, 01-1485

Evidence supported convictions for conspiracy to commit wire fraud and securities fraud, and enhancement of sentences, for use of a special skill to facilitate or conceal the offense, was proper; court should have departed downward for failure to complete all the acts necessary to carry out the substantive offense.

Appellate Information

  • Decided 07/08/2002
  • Published 07/08/2002

Judges

  • SACK, Circuit Judge., Before: MINER and SACK, Circuit Judges, and BERMAN, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellees:
  • Diarmuid White,White & White (Brendan White, of counsel), New York, NY, for Defendant-Appellant Daniel Drucker., Howard L. Jacobs, New York, NY, for Defendant-Appellant Samuel Ward., Christopher J. Clark, Assistant United States Attorney (Christine H. Chung, Assistant United States Attorney, of counsel;  James B. Comey, United States Attorney for the Southern District of New York), New York, NY, for Appellee United States of America.
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