United States Second Circuit

Sentence for participating in a continuing financial crimes enterprise and conspiracy to commit bank and mortgage fraud is affirmed where the 2001 amendment to the gross receipts provision of the United States Sentencing Guidelines is a substantive change to an unambiguous provision and therefore does not apply retroactively.

Appellate Information

• Decided 07/21/2009
• Published 07/21/2009

Judges

• PER CURIAM:, Before:  CALABRESI and HALL, Circuit Judges, and SESSIONS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Terrance P. Flynn, United States Attorney (Monica J. Richards, Assistant United States Attorney, of Counsel), Buffalo, N.Y., for Appellee., J. Scott Porter, Seneca Falls, N.Y., for Defendant-Appellant.