United States Second Circuit

Convictions of wire fraud and conspiracy to commit wire fraud are affirmed over claims that the district court: 1) made erroneous evidentiary rulings; 2) allowed the prosecution to constructively amend or prejudicially vary from the indictment; and 3) improperly charged the jury concerning the substantive wire fraud count. Sentences are vacated to the extent the district court imposed a two-level enhancement on the basis of a finding that defrauded investors were "vulnerable victims."

Appellate Information

• Decided 09/06/2006
• Published 09/06/2006

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before CABRANES, SOTOMAYOR, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Colleen P. Cassidy, Federal Defenders of New York, Inc., New York, NY, for Defendant-Appellant Roberta Dupre., Denis Kelleher, Kelleher & Dunne, LLP, New York, NY, for Defendant-Appellant Beverly Stambaugh., Bret R. Williams, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Katherine Polk Failla, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.