U.S. v. CAIN

Nos. 09-0707-cr (L), 09-2643-CR (CON), 10-0240(CON).

671 F.3d 271 (2012)

UNITED STATES of America, Appellee, v. David CAIN, Jr., Chris Cain, Jamie Soha, Defendants-Appellants, Patrick Ackroyd, Defendant.

United States Court of Appeals, Second Circuit.

Decided: January 31, 2012.

Attorney(s) appearing for the Case

Charles F. Willson , Nevins & Nevins LLP, East Hartford, CT, for Defendant-Appellant David Cain, Jr.

Marc Fernich , New York, New York, for Defendant-Appellant Chris Cain.

Jonathan Svetkey , Watters & Svetkey, LLP, New York, New York, for Defendant-Appellant Jamie Soha.

Stephan J. Baczynski , Assistant United States Attorney, for William J. Hochul, Jr. , United States Attorney for the Western District of New York, for Appellee.

Before: NEWMAN and LYNCH, Circuit Judges, and RESTANI, Judge.

GERARD E. LYNCH, Circuit Judge:

David Cain, Jr., Chris Cain, and Jamie Soha appeal from judgments entered on January 12, 2009, March 31, 2009, and December 18, 2009, respectively, following a jury trial in the United States District Court for the Western District of New York (Richard J. Arcara, Judge) that resulted in their convictions for racketeering and various related offenses.

The defendants raise several challenges to their convictions. All three...


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