Legal Opinion
United States v. Lacey, Henry
Court of Appeals for the Second Circuit
Decided November 7, 2012No. Docket 11-2404-cr(L), 11-2406-cr(Con)PublishedCited by 24 opinions
1Opinion of the Court
GERARD E. LYNCH, Circuit Judge:
Defendants-appellants Kirk Lacey and Omar Henry were convicted by jury in the United States District Court for the Southern District of New York (Kimba M. Wood, J.) on charges stemming from their involvement in a fraudulent mortgage scheme. They appeal their sentences and restitution orders but not their convictions. We hold that U.S. Sentencing Guidelines § 2B 1.1(b)(2)(A)(ii), which increases an offense by two levels if it was “committed through mass-marketing,” applies only if the audience of the mass-marketing was in some sense victimized by the scheme;…
2Cases cited21 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
- Stinson v. United StatesSupreme Court of the United States · 1993
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- United States v. CaveraCourt of Appeals for the Second Circuit · 2008
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. VilarCourt of Appeals for the Second Circuit · 2013
- United States v. Kirk Tang YukCourt of Appeals for the Second Circuit · 2018
- United States v. Eric WendlandtCourt of Appeals for the Sixth Circuit · 2013
- United States v. AlstonCourt of Appeals for the Second Circuit · 2018
- Gonzalez v. United StatesCourt of Appeals for the Second Circuit · 2015
19 more not listed; retrieve them via the Exa API.