United States Second Circuit

Defendants' securities fraud sentences are affirmed where: 1) the district court was required to resentence defendants de novo following the reversal of a portion of defendants' convictions by another panel of the court of appeals; 2) based on the district court's alternative ruling, under which it did sentence defendants de novo, their sentences were reasonable. Also, there was no error with regard to denials of defendants' motions for a new trial and to compel discovery.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  FEINBERG, WINTER, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen R. McAllister, Thompson Ramsdell & Qualseth, P.A., Lawrence, KS (Neal K. Katyal, Morgan Legal Consulting, Washington, D.C., and Lawrence G. McMichael, Dilworth Paxson, LLP, Philadelphia, PA, on the brief), for Defendants-Appellants., William F. Johnson, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, and 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., Douglas A. Berman, Stephanos Bibas, Marc Miller, Michael O'Hear, Mark Osler, Sandra Guerra Thompson, Amicus Curiae in support of Defendants-Appellants.