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U.S. v. KELLEY

Docket No. 06-5536-cr.

551 F.3d 171 (2009)

UNITED STATES of America, Appellee, v. Kevin O. KELLEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2009.

Attorney(s) appearing for the Case

Richard B. Lind, Law Office of Richard B. Lind, New York, NY, for Defendant-Appellant.

Steven Feldman, (Daniel A. Braun, on the brief), Assistant United States Attorneys, for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: FEINBERG, MINER, and HALL, Circuit Judges.

PER CURIAM:

Defendant-appellant Kevin O. Kelley appeals from a judgment of conviction and sentence entered on December 4, 2006, in the Southern District of New York (Woods, C.J.). Kelley was convicted of four counts of securities fraud, in violation of 15 U.S.C. §§ 78j(b) and 78ff, and 17 C.F.R. § 240.10b-5; and three counts of wire fraud in violation of 18 U.S.C. §§ 1343 and 2. In this opinion we address whether the district court...

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