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U.S. v. BERKOVICH

Docket No. 98-1164.

168 F.3d 64 (1999)

UNITED STATES of America, Appellee, v. Felix BERKOVICH, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 25, 1999.

Attorney(s) appearing for the Case

James J. Benjamin, Jr., Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney; Dietrich L. Snell, Assistant United States Attorney, of counsel), New York, New York, for Appellee.

Robert Preuss, Abate & Preuss (Camille M. Abate, of counsel), New York, New York, for Defendant-Appellant.

Before: WINTER, Chief Judge, OAKES and JACOBS, Circuit Judges.

WINTER, Chief Judge:

Felix Berkovich appeals from his conviction for mail fraud following a jury trial before Judge Koeltl. Relying on our recent decision in United States v. Rossomando, 144 F.3d 197 (2d Cir.1998), Berkovich contends that the district court's charge improperly suggested that the government did not have to prove that he intended to harm his victim in order to be guilty of mail fraud. He further argues that:...

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