United States Third Circuit

Conviction and sentence for mail fraud along with conspiracy to commit mail and wire fraud is affirmed over defendant's claims that: 1) the district court erred in admitting the testimony of his former attorney; 2) the prosecution was time-barred; 3) the prosecutor engaged in prejudicial misconduct and made improper comments during closing argument; 4) the district court erred in its instructions to the jury; 5) a government witness committed perjury; 6) the district court erred in evidentiary rulings by excluding expert witnesses, admitting evidence of a civil injunction against him, and excluding certain out-of-court statements; and 7) the district court erred in calculating his sentence.

Appellate Information

• Argued 03/06/2008
• Decided 06/16/2008
• Published 06/16/2008

Judges

• Before:  FISHER, GREENBERG, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Susan Dmitrovsky (argued), Sale & Kuhne, Law Office of Benedict P. Kuehne, Miami, FL, for Appellant.


• For Appellees:
  
• Christopher J. Christie, United States Attorney, Sabrina G. Comizzoli (argued), Assistant U.S. Attorney, George S. Leone, Chief Appeals Division, Office of the United States Attorney, Newark, NJ, for Appellee.