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U.S. v. LAUERSEN

Nos. 01-1526(L), 01-1600 (XAP).

343 F.3d 604 (2003)

UNITED STATES of America, Appellee-Cross-Appellant, v. Niels Lauersen, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2003.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, Mass. (Nathan Z. Dershowitz, Daniela Klare Elliott, Dershowitz, Eiger & Adelson, P.C., New York, N.Y.; Paul Schectman, Stillman & Friedman, P.C., New York, N.Y., on the brief), for Defendant-Appellant-Cross-Appellee. Christine H. Chung, Asst. U.S. Atty., New York, N.Y. (James B. Comey, U.S. Atty., James G. Cavoli, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee-Cross-Appellant.

Before: NEWMAN, WINTER, and B.D. PARKER, JR., Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal primarily concerns issues of judicial disqualification and sentencing. The disqualification issue arises because the trial judge owns stock in an insurance company that was among the victims of the defendant's fraud offense. The sentencing issue arises because an enhancement, claimed by the Government on its cross-appeal to apply, somewhat overlaps with another applicable enhancement, and that overlap might justify a downward...

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