United States Second Circuit

Disqualification was not required where the trial judge owns stock in an insurance company that was among the victims of the defendant's fraud offense. Sentence is vacated where an enhancement sought by the government for affecting a financial institution and deriving more than $1,000,000 in gross receipts from the offense should have been applied.

Appellate Information

• Decided 11/25/2003
• Published 11/25/2003

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN, WINTER, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Nathaniel Z. Marmur, New York, N.Y. (Stillman & Friedman, P.C., New York, N.Y., David I. Schoen, Montgomery, Ala., on the brief), for Defendant-Appellant-Cross-Appellee Lauersen., Vida M. Alvy, Great Neck, N.Y. (Gail Jacobs, Great Neck, N.Y., on the brief), for Defendant-Appellant Jackson., James G. Cavoli, Asst. U.S. Atty., New York, N.Y. (James B. Comey, U.S. Atty., Gary Stein, Lisa Horwitz, Adam Siegel, Asst. U.S. Attys., New York, N.Y., on the brief), for Appellee.