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U.S. v. SAMARIA

No. 00-1244.

239 F.3d 228 (2001)

UNITED STATES of America, Appellee, v. Lance Samaria, aka Lance Samarie, Eric Rondell Glover, Defendants, Frank Elaiho, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 23, 2001.

Attorney(s) appearing for the Case

TIFFANY M. ERWIN, Assistant United States Attorney, New York, New York (Mary Jo White, United States Attorney for the Southern District of New York, Baruch Weiss, Assistant United States Attorney, of counsel), for Appellee.

COLLEEN P. CASSIDY, The Legal Aid Society, Federal Defender Division Appeals Bureau, New York, New York, for Appellant.

Before: STRAUB, SOTOMAYOR, Circuit Judges, and SPATT, District Judge.

SOTOMAYOR, Circuit Judge:

Defendant Frank Elaiho appeals from a judgment following a jury trial convicting him of conspiring to receive or possess stolen goods and conspiring to commit credit card fraud in violation of 18 U.S.C. § 371 (1994), and of committing credit card fraud and aiding and abetting credit card fraud in violation of 18 U.S.C. §§ 2, 1029(a)(2) (1994). We find the evidence insufficient to prove that Elaiho knowingly and intentionally...

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