United States Second Circuit

In appeal from conviction for various fraud and identity theft crimes, judgment is affirmed in part, vacated in part, and remanded for resentencing, where: 1) there was insufficient evidence for defendant's conviction for bank fraud because there is no clear exposure of the banks to loss, so his conviction for bank fraud must be vacated; 2) for the same reasons, his conviction for aggravated identity theft must be vacated; 3) the mistaken submission of the proffer agreement to the jury did not affect defendant's substantial rights; 4) the omission of the requisite interstate commerce element from the indictment did not impact defendant's substantial rights; 5) it was not error for the district court to use the measure of intended loss under the Sentencing Guidelines; and 6) the court does not address the argument regarding the substantive reasonableness of his sentencing.

Appellate Information

• Decided 11/08/2012
• Published 11/08/2012

Judges

• WINTER

Court

• United States Second Circuit

Counsel