U.S. v. KOCZUK

Docket No. 00-1504(L).

252 F.3d 91 (2001)

UNITED STATES of America, Appellee-Cross-Appellant, v. Eugeniusz KOCZUK, Wieslaw Rozbicki, Defendants-Appellants-Cross-Appellees, Andrzej Lepkowski, aka Andrzej Leplowski, Defendant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 21, 2001.


Attorney(s) appearing for the Case

Andrew B. Bowman, Westport, CT, for Defendant-Appellant-Cross-Appellee Eugeniusz Koczuk.

Roger Bennet Adler (Faith A. Friedman, on the brief), Roger Bennet Adler, P.C., New York, NY, for Defendant-Appellant-Cross-Appellee Wieslaw Rozbicki.

Cynthia Monaco, Assistant United States Attorney (Loretta E. Lynch, United States Attorney, on the brief; Peter A. Norling, Assistant United States Attorney, of counsel), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee-Cross-Appellant United States.

Before KEARSE, CABRANES, and KATZMANN, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

Appellants Eugeniusz Koczuk and Wieslaw Rozbicki were convicted in the United States District Court for the Eastern District of New York (Frederic Block, Judge) on various counts of illegally smuggling sturgeon roe, or caviar, into the United States. Appellants challenge their convictions on appeal, and the Government cross-appeals the District Court's decision to depart downward from the Sentencing Guidelines. In a separate...

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