United States Second Circuit

District court's order vacating the defendant's conviction for conspiracy in violation of the Racketeer Influenced and Corrupt Organization Act (RICO), the federal Contraband Cigarette Trafficking Act (CCTA), and New York Tax Law section 471, is affirmed in part and reversed in part where: 1) the district court erred in vacating defendant's conviction on vagueness grounds as the predicate for its decision, City of New York v. Golden Feather Smoke Shop, Inc., 597 F.3d 115 (2d Cir. 2010), was not a proper basis for a finding of vagueness in New York Tax Law section 471; 2) CCTA remains applicable to defendant's conduct in this case despite New York's "forbearance policy", and 3) defendant's remaining challenges are without merit.

Appellate Information

• Decided 07/16/2012
• Published 07/16/2012

Judges

• Calabresi

Court

• United States Second Circuit

Counsel