United States Second Circuit

Conviction of five counts of access device fraud is affirmed over challenges to: 1) jury instructions; 2) sufficiency of the evidence; and 3) the effect of certain evidence on defendant's Sixth Amendment right of confrontation. Adjustments to defendant's sentence are remanded in light of US v. Booker, 543 U.S. 220 (2005), and US v. Crosby, 397 F.3d 103 (2d Cir. 2005).

Appellate Information

• Decided 03/29/2006
• Published 03/30/2006

Judges

• JOHN R. GIBSON, Circuit Judge., Before:  WALKER, Chief Judge, HALL, and JOHN R. GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Harry Sandick, Assistant United States Attorney for the Southern District of New York (David N. Kelley, United States Attorney, and Lisa G. Horwitz and Roberto Finzi, Assistant United States Attorneys, of counsel), New York, NY, for Appellee., Roger Bennet Adler, Roger Bennet Adler, P.C., New York, NY, for Defendant-Appellant.