United States Second Circuit

Conviction and sentence for charges related to racketeering and obstruction of justice are affirmed in part, reversed in part, and remanded where: 1) the evidence was sufficient to sustain the jury's verdicts; 2) the racketeering, racketeering conspiracy, bribery, and wire fraud counts were reversed on the grounds that the government suppressed material exculpatory and impeaching evidence; 3) the court properly instructed the jury on the obstruction of justice charge; and 4) because the court cannot be certain that the 36-month concurrent sentence on Count 24 was not affected by the convictions that were reversed, the sentence on Count 24 is vacated and remanded.

Appellate Information

• Decided 09/25/2008
• Published 09/25/2008

Judges

Court

• United States Second Circuit

Counsel