United States Second Circuit

Sentence after guilty plea to equity skimming in violation of 12 U.S.C. section 1709-2 is affirmed over claims that district court violated defendant's First Amendment rights by weighing his prior published writings against the mitigating character evidence he offered at sentencing, and that his below-Guidelines sentence is unreasonable.

Appellate Information

• Decided 06/19/2006
• Published 06/19/2006

Judges

• PER CURIAM., Before MESKILL, STRAUB, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mark D. Hosken, Assistant Federal Defender for the Western District of New York (Jay S. Ovsiovitch, of counsel), Rochester, NY, for Defendant-Appellant., Stephan J. Baczynski, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, on the brief), Buffalo, NY, for Appellee.