U.S. v. ROSENGARTEN

No. 959, Docket 88-1002.

857 F.2d 76 (1988)

UNITED STATES of America, Appellant, v. Samuel ROSENGARTEN, Stanislaw Orlicki, James C. Nicholas, and Leonard Nachtman, Defendants, Samuel Rosengarten, Stanislaw Orlicki, and Leonard Nachtman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 6, 1988.


Attorney(s) appearing for the Case

Elkan Abramowitz, New York City (Obermaier, Morvillo, Abramowitz & Iason, P.C., and Alan J. Brudner, New York City, of counsel), for defendant-appellee Leonard Nachtman.

(Kronish, Lieb, Weiner & Hellman, Alan Levine and William J. Schwartz, New York City, of counsel), for defendant-appellee Samuel Rosengarten.

(Solin & Breindel, P.C., and Kenneth I. Schacter, New York City, of counsel), for defendant-appellee Stanislaw Orlicki.

John F. Savarese, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., and Vincent L. Briccetti, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for appellant.

Before VAN GRAAFEILAND, NEWMAN and WINTER, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

The United States appeals from an order of the United States District Court for the Southern District of New York (Brieant, C.J.) which dismissed an indictment charging appellees Samuel Rosengarten, Stanislaw Orlicki and Leonard Nachtman with conspiracy to defraud the United States. 18 U.S.C. § 371. The district court dismissed on the ground that conviction on the charge would violate the Constitution's ban on ex post facto laws...

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