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U.S. v. NESS

Docket No. 05-4401-cr.

565 F.3d 73 (2009)

UNITED STATES of America, Appellee, v. Samuel NESS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 8, 2009.

Attorney(s) appearing for the Case

Vivian Shevitz, South Salem, New York (Jane Simkin Smith, South Salem, New York, of counsel, Walter E. Dellinger, Mark S. Davies, Scott M. Edson, O'Melveny & Meyers, LLP, Washington, DC, co-counsel), for Appellant.

Jocelyn E. Strauber, Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief, Karl Metzner, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before: WINTER, CALABRESI, and POOLER, Circuit Judges.

WINTER, Circuit Judge:

Samuel Ness was convicted, after a jury trial, of one count of conspiring to commit three money laundering offenses and one substantive count of violating 18 U.S.C. § 1956(a)(1)(B)(i). On appeal, Ness argued that the evidence against him was legally insufficient because the applicable statutes' concealment element had not been met. See United States v. Ness, 466 F.3d 79, 80 (2d Cir.2006). We affirmed...

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