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U.S. v. D'AMATO

No. 1440, Docket 93-1756.

39 F.3d 1249 (1994)

UNITED STATES of America, Appellee, v. Armand P. D'AMATO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 31, 1994.

As Amended November 15, 1994.

Attorney(s) appearing for the Case

John L. Warden, New York City (Robert J. Giuffra, Jr., Sullivan & Cromwell, Stephen P. Scaring, Stephen P. Scaring, P.C., Garden City, NY, of counsel), for defendant-appellant.

Miriam R. Best, Asst., U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Zachary W. Carter, U.S. Atty., Peter A. Norling, David C. James, Asst. U.S. Attys., E.D.N.Y., Brooklyn, N.Y., Joshua R. Hochberg, Sr. Litigation Counsel, Fraud Section, U.S. Dept. of Justice, Washington, DC, of counsel), for appellee.

Peter C. Hein, George T. Conway III, Arthur L. Liman, New York City, G. Robert Witmer, Jr., New York State Bar Ass'n, Albany, NY, Gerald M. Labush, Nat. Assn of Crim. Defense Lawyers, New York City, William I. Aronwald, New York State Ass'n of Crim. Defense Lawyers, Garden City, NY, Austin V. Campriello, Richard A. Greenberg, New York Crim. Bar Ass'n, Stephan H. Peskin, New York State Trial Lawyers Ass'n, New York City, for amici curiae New York State Bar Ass'n, Nat. Ass'n of Crim. Defense Lawyers, New York State Ass'n of Crim. Defense Lawyers, New York Crim. Bar Ass'n, and New York State Trial Lawyers Ass'n.

Arthur N. Eisenberg, New York Civ. Liberties Union Foundation, Burt Neuborne, New York City, for amicus curiae New York Civ. Liberties Union.

Before: WINTER and JACOBS, Circuit Judges, and POLLACK, District Judge.

WINTER, Circuit Judge:

Armand P. D'Amato appeals from his conviction by a jury before Judge Mishler. D'Amato was convicted of seven counts of mail fraud in violation of 18 U.S.C. § 1341 and sentenced principally to a term of five months imprisonment, two years of supervised release including five months of home detention, and payment of $7,500 restitution. D'Amato's conviction arises from services he provided to the Unisys Corporation ("Unisys").

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