United States Second Circuit

Convictions of RICO and other offenses related to investment of pension funds and manipulation of securities prices are affirmed over claims of violation of Sixth Amendment confrontation rights during plea allocutions, denial of fair trial, insufficient evidence, and retroactive misjoinder. Resentencing under Booker is required to decide whether defendants would have received sentences that are nontrivially different from those that were imposed if the Guidelines had been advisory, and restitution orders of two defendants are vacated.

Appellate Information

• Decided 04/18/2006
• Published 04/18/2006

Judges

• KEARSE, Circuit Judge., Before:  KEARSE, JACOBS, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David C. Esseks, Assistant United States Attorney, New York, New York (David N. Kelley, United States Attorney for the Southern District of New York, Christopher J. Clark, Joshua Goldberg, Peter G. Neiman, Assistant United States Attorneys, New York, New York, on the brief), for Appellee., Martin R. Raskin, Miami, Florida (Raskin & Raskin, Miami, Florida, on the brief), for Defendant-Appellant Reifler., Richard Ware Levitt, New York, New York (Gary G. Becker, New York, New York, on the brief), for Defendant-Appellant Laken., Jane Simkin Smith, South Salem, New York (Vivian Shevitz, South Salem, New York, on the brief), for Defendant-Appellant Black.