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.