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U.S. v. KIRSCH

No. 16-3329-cr August Term, 2017.

903 F.3d 213 (2018)

UNITED STATES of America, Appellee, v. Mark N. KIRSCH Defendant-Appellant, Carl A. Larson, Michael J. Caggiano, Jeffrey C. Lennon, Gerald H. Franz, Jr., James L. Minter, III, Jeffrey A. Peterson, Kenneth Edbauer, George Dewald, Michael J. Eddy, Thomas Freedenberg, Gerald E. Bove, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 12, 2018.

Attorney(s) appearing for the Case

MONICA J. RICHARDS , Assistant United States Attorney, for James P. Kennedy, Jr. , United States Attorney for the Western District of New York, Buffalo, NY, for Appellee.

BRIAN M. MELBER , Personius Melber LLP, Buffalo, NY, for Defendant-Appellant.

Before: Lohier and Droney, Circuit Judges, and Rakoff, District Judge.

In 2016, Appellant Mark N. Kirsch was convicted of Hobbs Act extortion conspiracy and racketeering conspiracy based on predicate acts of New York Penal Law extortion violations. The jury concluded that Kirsch, the president of the local chapter of a labor union, used threats of violence and destruction of property in an attempt...

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