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U.S. v. NEKTALOV

Docket No. 05-2780-CR.

461 F.3d 309 (2006)

UNITED STATES of America, Appellee, v. Roman NEKTALOV, Defendant-Appellant, Eduard Nektalov, Defendant.

United States Court of Appeals, Second Circuit.

Decided August 25, 2006.

Attorney(s) appearing for the Case

Richard A. Greenberg, New York, N.Y. (Steven Y. Yurowitz, Newman & Greenberg, New York, NY, of counsel), for Defendant-Appellant.

Bret R. Williams, Assistant United States Attorney, Southern District of New York, New York, N.Y. (Michael J. Garcia, United States Attorney for the Southern District of New York, Karl Metzner, Assistant United States Attorney, Southern District of New York, New York, NY, of counsel), for Appellee.

Before MESKILL, CABRANES, and WESLEY, Circuit Judges.

MESKILL, Circuit Judge.

This is an appeal from a judgment of conviction after a jury trial in the United States District Court for the Southern District of New York, Leisure, J. The primary issue we consider is whether the doctrine of conscious avoidance applies to the money laundering charge in this case arising out of a government sting operation. We hold that it does.

The doctrine of conscious avoidance is indeed susceptible of several well-founded attacks...

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