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United States Second Circuit


US v. DeMizio, 12-1293

Defendant's conviction of conspiracy to commit honest-services wire fraud and securities fraud, and making a materially false statement, is affirmed, where: 1) the evidence presented at trial was sufficient to support his conviction of conspiracy to commit wire fraud; and 2) defendant is not entitled to a new trial on the conspiracy count because the district court's failure to anticipate the ruling in Skilling v. US and instruct the jury that the government was required to prove a scheme involving bribery or kickbacks was harmless beyond a reasonable doubt and did not affect the verdict.

Appellate Information

  • Decided 01/28/2014
  • Published 01/28/2014

Judges

  • KEARSE

Court

  • United States Second Circuit

Counsel

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