United States Second Circuit

Defendants' convictions and sentences for conspiracy, securities and wire fraud, obstruction of justice, and perjury are affirmed in part where: 1) regardless of whether defendant's false testimony violated 18 U.S.C. section 1512(c)(2), it plainly violated section 1503(a), and the indictment charged at least that offense; 2) the Fifth Amendment did not protect false testimony; and 3) application of the 2005 Guidelines to defendants' fraud offenses, which were completed in 2000, did not violate the Ex Post Facto clause. However, one defendant's sentence is vacated where the district court erroneously failed to award defendant a two-point reduction for acceptance of responsibility that he should have received.

Appellate Information

• Decided 08/12/2010
• Published 08/12/2010

Judges

• John M. Walker, Jr.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric R. Komitee, Paul Shechtman