U.S. v. CORSEY

Docket Nos. 10-1800-cr(L), 10-2047-cr(CON), 10-3314-cr(CON).

723 F.3d 366 (2013)

UNITED STATES of America, Appellee, v. Emerson Earl CORSEY, Defendant, John Gilbert Juncal, Rodney Zechariah Sampson, and James Anderson Campbell, Jr., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 23, 2013.

Corrected: July 24, 2013.


Attorney(s) appearing for the Case

John S. Wallenstein , Law Office of John S. Wallenstein, Garden City, N.Y., for Defendant-Appellant Juncal.

Jonathan I. Edelstein , Edelstein & Grossman, New York, N.Y., for Defendant-Appellant Sampson.

John A. Cirando ( Bradley E. Keem , Elizabeth deV. Moeller , Vicki Jo Beighley , on the brief), D.J. & J.A. Cirando, Esqs., Syracuse, N.Y., for Defendant-Appellant Campbell.

Christopher C. Caffarone ( Amy Busa , on the brief), Assistant United States Attorneys, for Loretta E. Lynch , United States Attorney for the Eastern District of New York, for Appellee.

Before: KATZMANN and WESLEY, Circuit Judges, and UNDERHILL, District Judge.


PER CURIAM:

This appeal principally raises two issues: (1) whether the misrepresentations underlying these convictions were not material because no reasonable financial professional would have believed them, and (2) whether the sentences imposed on appellants are procedurally unreasonable. We affirm the District Court's denial of appellants' motions for acquittal, but vacate appellants' sentences and remand for resentencings.1

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