United States Second Circuit

Conviction of eleven counts of wire fraud and sentence of 78 months is affirmed where defendant intended to obtain the use of his victim's money for a period of time, thus depriving the victim of use and possession of his own property; however, as defendant was sentenced under the mandatory Sentencing Guidelines regime, the case must be remanded for reconsideration of the sentence in light of Booker. (Amended)

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• HALL, Circuit Judge., Before SOTOMAYOR, RAGGI, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jane A. Levine, Assistant United States Attorney, (David N. Kelley, United States Attorney for the Southern District of New York, Adam B. Siegel, Assistant United States Attorney, on the brief), New York, NY, for Appellee., Darrell B. Fields, The Legal Aid Society, Federal Defender Division, New York, NY, for Defendant-Appellant.