United States v. James M. Gabriel, Gerard E. Vitti
Court of Appeals for the Second Circuit
1Opinion of the Court
MESKILL, Circuit Judge:
After a six-week jury trial before the United States District Court for the Southern District of New York, Rakoff, J., defendants were convicted of mail fraud, 18 U.S.C. § 1341, wire fraud, 18 U.S.C. § 1343, making false statements within the jurisdiction of a federal agency, 18 U.S.C. § 1001, and witness tampering, 18 U.S.C. § 1512(b). On appeal, the defendants challenge their convictions and their sentences on numerous grounds. We decide that (1) the district court properly refused to grant the defendants’ motion for a bench trial; (2) the defendants were not…
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