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U.S. v. AMATO

Docket Nos. 06-5600-cr(L), 06-5741-cr, 07-2152-cr, 07-2311-cr.

540 F.3d 153 (2008)

UNITED STATES of America, Appellee, v. Joseph AMATO and John Fasciana, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 21, 2008.

Attorney(s) appearing for the Case

Joshua L. Dratel, New York, N.Y. (Renita K. Thukral, Erik B. Levin, Aaron Mysliwiec, Law Office of Joshua L. Dratel, P.C., New York, NY, of counsel), for Defendant-Appellant Joseph Amato.

Brian C. Wille, New York, N.Y. (Usman Mohammad, Kostelanetz & Fink, LLP, New York, NY, of counsel), for Defendant-Appellant John Fasciana.

Marcus A. Asner, Assistant United States Attorney, New York, N.Y. (Michael J. Garcia, United States Attorney, Katherine Polk Failla, Assistant United States Attorney, Southern District of New York, New York, NY, of counsel), for Appellee.

Before: CARDAMONE, MINER, and POOLER, Circuit Judges.

CARDAMONE, Circuit Judge:

Defendants Joseph Amato and John Fasciana appeal from judgments of conviction entered December 5, 2006, and December 12, 2006, respectively (both amended May 22, 2007), in the United States District Court for the Southern District of New York (Swain, J.) following an 11-week jury trial. On this appeal we write primarily on the subject of restitution.

Three individuals — a business executive, his lawyer, and an officer in the...

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