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Article • December 1, 2011
U.S. v. Archer, No. 10-4683-cr (2nd Cir.) (671 F.3d 149) (September 20, 2011) (Judge Guido Calabresi) by In an appeal from the conviction and sentencing of defendant for visa fraud and conspiracy to commit visa fraud, conviction and sentencing are upheld where defendant's appellate challenges on the grounds that the …
Article • September 1, 2008 • from P&J September, 2008
U.S. v. Abiodun, No. 06-5335-cr (2nd Cir.) (536 F.3d 162) (July 30, 2008) (Judge Jose A. Cabranes) by Sentences for fraud and fraud-related offenses are affirmed in part, vacated in part, and remanded where: 1) the district court incorrectly calculated the number of victims affected by defendants' conduct; but 2) …
Article • May 1, 1999 • from P&J May, 1999
U.S. v. Davis, No. 96-5895 (6th Cir.) (170 F.3d 617) (March 22, 1999) (Judge Paul D. Borman) by This telemarketing fraud case is noted for several sentencing issues. Six defendants were charged with multiple counts of telemarketing fraud. Four of them pled guilty and were sentenced in accordance with the …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Stein, No. 96-30150 (9th Cir.) (127 F.3d 777) (October 7, 1997) (Judge Alfred T. Goodwin) by In reversing an upward departure based upon a combination of "more than minimal planning" and "scheme to defraud more than one victim", the Court stated that "it is the rare case that …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Shumard, No. 96-1698 (2nd Cir.) (120 F.3d 339) (May 30, 1997) (Per Curiam) by Court held that once district court finds that scheme to defraud covers more than one victim under relevant conduct provisions, the court must impose the two level adjustment under § 2F1.1(b)(2)(B) for defrauding more …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Shadduck, No. 95-1395 (1st Cir.) (112 F.3d 523) (April 24, 1997) (Judge Conrad K. Cyr) by Case affirmed a multiple victim enhancement under USSG § 2F1.1(b)(2)(B), rejecting defendant's claim that the bankruptcy trustee was the only victim (id., at 531).