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U.S. v. REYES

No. 10-10323.

660 F.3d 454 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory L. REYES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 13, 2011.

Attorney(s) appearing for the Case

Amber S. Rosen , Assistant United States Attorney (argued), Brian J. Stretch , Attorney for United States, Barbara J. Valliere , Chief, Appellate Division, Adam A. Reeves , Assistant United States Attorney, San Jose, CA, for plaintiff-appellee United States.

Seth P. Waxman (argued), Peters G. Neiman , Edward C. DuMont , Micah S. Myers , Sue-Yun Ahn , Shivaprasad Nagaraj , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for defendant-appellant Gregory L. Reyes.

Before: RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and ALGENON L. MARBLEY, District Judge.

OPINION

M. SMITH, Circuit Judge:

Defendant-Appellant Gregory Reyes, the former Chief Executive Officer of Brocade Communications (Brocade, or the Company), appeals his conviction in a second criminal trial for (1) securities fraud and making false filings with the Securities and Exchange Commission (SEC) in violation of 15 U.S.C. §§ 78j(b) and 78ff, and 17 C.F.R. § 240.10b-5; (2) falsifying corporate books and records in violation of 15 U...

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