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U.S. v. BIRKIN

No. 03-1281.

366 F.3d 95 (2004)

UNITED STATES of America, Appellee, v. Sergey BIRKIN, German Yagupolsky, Oleg Kholodenko, Yana Desedensko, also known as Yana Dedusenko, Pabel Tisnovsky, Victoria Volfson, also known as Vika Volfson, Edouard Borisov, Dimitriy Zibrov, also known as Dima Zibrov, and Lilya Borochina, Defendants, Dima Koner, also known as Dima Lnu, also known as David Koner, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 3, 2004.

Attorney(s) appearing for the Case

Debra A. Karlstein, New York, NY, for Defendant-Appellant.

Miriam E. Rocah, Assistant United States Attorney, and Gary Stein, Assistant United States Attorney (on the brief), for David N. Kelley, United States Attorney for the Southern District of New York, for Appellee.

Before: WALKER, Chief Judge, CARDAMONE and KEITH, Circuit Judges.

KEITH, Circuit Judge.

Defendant-Appellant Dima Koner appeals from a judgment of conviction following a jury trial in the United States District Court for the Southern District of New York (John S. Martin, J.). Koner was convicted of (1) conspiracy to commit mail fraud and making false statements in connection with health care matters in violation of 18 U.S.C. § 371; (2) mail fraud in violation of 18 U.S.C. § 1341; and (3) making false statements in...

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