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U.S. v. LINDSAY

Nos. 1620, 1621, Dockets 91-1648, 91-1692.

985 F.2d 666 (1993)

UNITED STATES of America, Appellee, Cross-Appellant, v. David J. LINDSAY and D.J. Lindsay, Inc., Defendants-Appellants, David J. Lindsay, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 5, 1993.

Attorney(s) appearing for the Case

Charles J. Wilcox, Troy, NY (The Wilcox Firm, of counsel), for defendant-appellant, cross-appellee.

Henry M. Greenberg, Albany, NY, Asst. U.S. Atty., N.D.N.Y. (Gary L. Sharpe, U.S. Atty., of counsel), for appellee, cross-appellant.

Before: PRATT and ALTIMARI, Circuit Judges, and KELLEHER, District Judge of the District Court for the Central District of California, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

In case # 91-1648, David J. Lindsay appeals from a judgment of conviction and sentence of the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge. In case # 91-1692, the government cross-appealed the sentence, but thereafter requested the dismissal of the cross-appeal, because the solicitor general had failed to authorize the cross-appeal. See 18 U.S.C. § 3742. We therefore...

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