United States Second Circuit

Hobbs Acts counts premised on extortion of intangible property rights are not invalidated by Scheidler v. National Org. for Women, Inc., 537 U.S. 393 (2003), as there was a showing that defendants sought to both deprive victims of property rights and to obtain the rights for themselves. Two defendants must be resentenced under U.S. v. Fagans, 406 F.3d 138 (2d Cir. 2005), and another for consideration of resentencing under U.S. v. Crosby, 397 F.3d 103 (2d Cir. 2005).

Appellate Information

• Decided 07/12/2006
• Published 07/12/2006

Judges

• KATZMANN, Circuit Judge., Before FEINBERG and KATZMANN, Circuit Judges, and LYNCH, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Katya Jestin, David M. Bitkower, Assistant United States Attorneys, Brooklyn, NY, for Roslynn R. Mauskopf, United States Attorney, Eastern District of New York (David C. James, Assistant United States Attorney, Daniel Silver, Special Assistant United States Attorney, of counsel) for the United States of America.


• For Appellees:
  
• Joseph A. Bondy, Law Offices of Joseph A. Bondy, New York, NY, for Defendant-Appellant-Cross-Appellee Peter Gotti., Robert A. Culp, New York, NY, George L. Santangelo, Law Office of George L. Santangelo, New York, NY, for Defendant-Appellant Anthony Ciccone., Richard Medina, New York, NY, for Defendant-Appellant Richard Bondi., Harry C. Batchelder, New York, NY, for Defendant-Appellant Richard G. Gotti (on submission).