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United States Second Circuit


US v. Vitale, 04-4703

Conviction of five counts of bank fraud is remanded for hearing on issue of possible juror bias after revelation of a professional relationship between the juror, the juror's husband, and the prosecutor's husband. Sentence is vacated as it was imposed under the mandatory Sentencing Guidelines and violated Booker, and there was error in the district court-s summarizing a government witness' substance abuse treatment records while denying access to the records themselves.

Appellate Information

  • Decided 08/01/2006
  • Published 08/01/2006

Judges

  • WINTER, Circuit Judge., Before WINTER, MINER, and WESLEY, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellees:
  • Jon L. Schoenhorn (Jennifer Bourn, on the brief), Jon L. Schoenhorn & Associates, Hartford, CT, for Defendant-Appellant., Calvin B. Kurimai, Assistant United States Attorney (Kevin J. O'Connor, United States Attorney for the District of Connecticut, and Lisa E. Perkins, Assistant United States Attorney, on the brief, William J. Nardini, Assistant United States Attorney, of counsel), New Haven, CT, for Appellee.
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