U.S. v. D'AMELIO

Docket No. 09-2541-cr.

683 F.3d 412 (2012)

UNITED STATES of America, Appellant, v. Daniel D'AMELIO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2012.


Attorney(s) appearing for the Case

Jesse M. Furman ( Randall W. Jackson on the brief), Assistant United States Attorneys, of counsel, for Preet Bharara, United States Attorney for the Southern District of New York, for Appellant.

Jonathan I. Edelstein , New York, NY, for Defendant-Appellee.

Before: RAGGI, HALL, and CHIN, Circuit Judges.


HALL, Circuit Judge:

Appellant, the United States of America (the "government"), appeals from the June 1, 2009, amended decision of the Southern District of New York (McMahon, J.) that vacated Defendant-Appellee Daniel D'Amelio's conviction, after a jury trial, of one count of attempted enticement of a minor, in violation of 18 U.S.C. § 2422(b), and granted his motion for a new trial under Fed.R.Crim.P. 33. The district court held that its jury instructions...

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