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U.S. v. GUADAGNA

Docket Nos. 98-1106, 98-1146.

183 F.3d 122 (1999)

UNITED STATES of America, Appellant, v. Rocco F. GUADAGNA; Marvin Barber; Laurel Benbow; Brian Berardini; Richard Booth; Cheo Burroughs; Bernadett "Renee" Crawford; Larry Dayer; Anthony "Tony" Garam; Anthony Louis Guadagna; Anthony "Tony" Hackett; James "Jamie" Haynes; Donald Ivey; Roger Leeper; Carl Lomanto; Melvina Markajani; Theodore Powell; Samuel Ringwood; Charles Robbins, Sr.; Steven Sacco, "also known as Steven Roberts"; Kyle Salone; Kevin Sanders; Francis Michael "Mike" Sawicki; John Suppa; Jude Watkins; Leslie Williams; and Edward Zaccaria, Defendants, Thomas Mullen, Defendant-Appellee, and Joseph Meli, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 6, 1999.

Attorney(s) appearing for the Case

Kevin W. Spitler, Kenmore, NY, for Defendant-Appellant Joseph Meli.

Anthony M. Bruce, Buffalo, NY, Assistant United States Attorney for the Western District of New York (Denise E. O'Donnell, United States Attorney for the Western District of New York, of Counsel), for Appellant United States of America.

Patrick J. Brown, Buffalo, N.Y. (LoTempio & Brown, P.C., of Counsel), for Defendant-Appellee Thomas Mullin.

Before: FEINBERG, PARKER and POOLER, Circuit Judges.

FEINBERG, Circuit Judge:

The United States appeals from a judgment of the United States District Court for the Western District of New York, William M. Skretny, J., granting defendant Thomas Mullen's motion for judgment of acquittal, pursuant to Fed.R.Crim.P. 29(c), on two counts charging wire fraud. The district court found that, even when viewed in the light most favorable to the government, there was an absence of proof as to Mullen's intent to defraud for the...

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