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U.S. v. KAPELIOUJNYJ

Docket No. 07-3353-cr.

547 F.3d 149 (2008)

UNITED STATES of America, Appellee, v. Ostap KAPELIOUJNYJ, Krzysztof Sprysak, Lajos Abe Berger, Merab Merabishvili, Tomek Wojtasczyk, Rafal Zajac, Lukasz Zalewski, Krzysztof Czyz, Pawel Drozdal, Pawel Guzal, Shalva Kartvelishvili, Krzysztof Kielan, Sebastian Kulon, Karol Liszewski, Andrzej Madej, Maciej Wyszynski, Tomasz Lnu, Krzysztof Czekaj, Rafal Lnu, Defendants, Adam Potocki, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 22, 2008.

Attorney(s) appearing for the Case

Sam A. Schmidt, New York, NY, for Defendant-Appellant.

Michael H. Warren, Assistant United States Attorney (Jo Ann M. Navickas, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, for Appellee.

Judge CALABRESI concurs in a separate opinion.

B.D. PARKER, JR., Circuit Judge:

Defendant Adam Potocki appeals from a judgment of conviction in the United States District Court for the Eastern District of New York (Seybert, J.). Potocki was convicted of conspiring to sell stolen property, namely a Stradivarius violin that was later determined to be a fake. See 18 U.S.C. §§ 371, 2315. We conclude that at trial the government failed to prove that...

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