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U.S. v. RITTWEGER

Docket Nos. 05-3600-cr(L), 05-3766-cr(CON), 05-3769-cr(CON).

524 F.3d 171 (2008)

UNITED STATES of America, Appellee, v. Thomas Michael RITTWEGER, Victor M. Wexler, also known as "Fat Boy," also known as "Screw," Douglas C. Brandon, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: April 23, 2008.

Attorney(s) appearing for the Case

Frank Handelman, New York, NY, for defendant-appellant Thomas Michael Rittweger.

Peter E. Fleming, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY, for defendant-appellant Victor M. Wexler.

Thomas E. Engel, Engel, McCarney & Kenney LLP, New York, NY, for defendant-appellant Douglas C. Brandon.

Andrew L. Fish, Assistant United States Attorney (Katherine Polk Failla, of counsel), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for appellee.

Before: SOTOMAYOR, B.D. PARKER and HALL, Circuit Judges.

SOTOMAYOR, Circuit Judge:

This appeal addresses whether the joinder of defendants under Federal Rule of Criminal Procedure 8(b) ("Rule 8(b)") is proper when the overwhelming evidence presented at trial concerned proof of a conspiracy that involved some, but not all, of the named defendants. Because the indictment alleged the existence of two conspiracies that shared a common plan or scheme and a substantial identity of facts or participants, we hold that joinder was...

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