United States Second Circuit

Convictions and sentences on charges arising from a mortgage fraud scheme are vacated as the district judge's handling of, and reaction to, his prior dealings with the government's main cooperating witness concerning a mortgage application for the judge created an appearance of partiality and recusal was required.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• B.D. PARKER, JR., Circuit Judge., Before:  SOTOMAYOR, B.D. PARKER, Circuit Judges, and KRAVITZ, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Nathan Z. Dershowitz, Dershowitz, Eiger & Adelson, P.C., (Victoria B. Eiger, on the brief), New York, N.Y., for Defendant-Appellant Richard N. Amico., Matthew R. Lembke, Cerulli, Massare & Lembke, Rochester, N.Y., for Defendant-Appellant Robert J. Amico., John-Alex Romano, United States Department of Justice, (Terrance P. Flynn, United States Attorney for the Western District of New York, Richard Resnick, Assistant United States Attorney, on the brief), Washington, D.C., for Appellee United States of America.