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U.S. v. SEABROOK

Docket No. 19-436 (L) August Term, 2019.

968 F.3d 224 (2020)

UNITED STATES of America, Appellee, v. Norman SEABROOK, Murray Huberfeld, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2020.

Attorney(s) appearing for the Case

KANNON K. SHANMUGAM , Paul, Weiss, Rifkind, Wharton & Garrison LLP ( Masha G. Hansford , Katherine S. Stewart , Amanda C. Weingarten , on the brief), Washington DC, for Defendant-Appellant Huberfeld.

RICHARD W. LEVITT , Levitt & Kaizer, New York, NY, for Defendant-Appellant Norman Seabrook.

MARTIN S. BELL , Assistant United States Attorney ( Russell Capone , Lara Pomerantz , Won S. Shin , Assistant United States Attorneys, on the brief), for Audrey Strauss , Acting United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: POOLER, LYNCH, and MENASHI, Circuit Judges.

Appeal from United States District Court for the Southern District of New York (Alvin K. Hellerstein, J.), convicting Murray Huberfeld, after a guilty plea, of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371. We hold that the district court erred at sentencing...

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