United States v. Cuti

POOLER, Circuit Judge:

Following a jury trial, Anthony Cuti was convicted on June 8, 2010 of one count of conspiracy to make false statements and four counts of securities fraud and was sentenced on August 22, 2011 to concurrent terms of thirty-six months of imprisonment, to be followed by concurrent terms of three years of supervised release. In this appeal, Cuti challenges: (1) whether the district court’s decision to award restitution, directly following its denial of Cuti’s motion for a new trial and after initially declining to award restitution, evinced judicial vindictiveness in…