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U.S. v. Ware, No. 07-5222-cr(L) (2nd Cir.) (577 F.3d 442) (August 18, 2009) (Judge Amalya Lyle Kearse)

Defendant's securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant's retrial because he himself moved for a mistrial. However, his sentence is vacated where the district court made insufficient findings regarding defendant's role in the conspiracy for sentencing purposes.

[Editor's Note: For some commentaries ...

 

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