United States Second Circuit

Defendant's securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant's retrial because he himself moved for a mistrial. However, his sentence is vacated where the district court made insufficient findings regarding defendant's role in the conspiracy for sentencing purposes.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• KEARSE, Circuit Judge:, Before:  KEARSE, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y. (Nicholas S. Goldin, Andrew L. Fish, Assistant United States Attorneys, New York, NY, of counsel), for Appellee., Ulysses Thomas Ware, Brooklyn, NY, Defendant-Appellant pro se.