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U.S. v. GOLDSTEIN

No. 04-1689-CR.

442 F.3d 777 (2006)

UNITED STATES of America, Appellee, v. Norman GOLDSTEIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2006.

Attorney(s) appearing for the Case

Harry Sandick, Assistant United States Attorney for the Southern District of New York (David N. Kelley, United States Attorney, and Lisa G. Horwitz and Roberto Finzi, Assistant United States Attorneys, of counsel), New York, NY, for Appellee.

Roger Bennet Adler, Roger Bennet Adler, P.C., New York, NY, for Defendant-Appellant.

Before: WALKER, Chief Judge, HALL, and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Norman Goldstein was convicted by a jury of five counts of access device fraud under 18 U.S.C. § 1029(a)(2) and (5). He was sentenced to 70 months' incarceration to be followed by three years of supervised release and ordered to make restitution in the amount of $776,612.00. On appeal, Goldstein challenges (1) the jury instructions as to Count 1, (2) the sufficiency of the evidence supporting Counts 1 and 3, (3) the effect of certain...

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