Legal Opinion

United States v. Newmark

Court of Appeals for the Third Circuit

Decided March 12, 2010No. 08-3356Published

1Opinion of the Court

OPINION

TASHIMA, Circuit Judge.

Brian Newmark appeals his conviction and sentence of 24 months’ imprisonment for a single count of wire fraud, under 18 U.S.C. § 1343. (App. 1-3.) We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we will affirm.

I

Newmark owned and operated companies that performed advertising and marketing services for Barry Bohmueller, an estates attorney. (App. 611-12, 615-18, 631, 760.) Newmark employed Victoria Larson and hired an independent contractor, John Wight. (App. 548, 631-32, 759.) None of the three individuals has ever been an attorney. (App.…

2Cases cited15 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Johnson v. United StatesSupreme Court of the United States · 1997
  3. United States v. Michael C. CoyleCourt of Appeals for the Third Circuit · 1995
  4. United States v. PearlsteinCourt of Appeals for the Third Circuit · 1978
  5. United States v. Ernest J. Badaracco, Jr.Court of Appeals for the Third Circuit · 1992

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