United States Second Circuit

Sentence for conspiring to commit bank and credit card fraud, in violation of 18 U.S.C. section 371, is vacated where there was insufficient evidence to support the district court's application of an obstruction-of-justice enhancement.

Appellate Information

• Decided 09/04/2003
• Published 09/05/2003

Judges

• Before:  STRAUB, KATZMANN, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Roland R. Acevedo, Seiff, Kretz & Maffeo (Thomas Eddy, on the brief), New York, NY, for Defendant-Appellant., Jo Ann M. Navickas, Assistant United States Attorney for the Eastern District of New York (David C. James, Assistant United States Attorney, of counsel;  Roslynn R. Mauskopf, United States Attorney, on the brief), Brooklyn, NY, for Appellee.