UNITED STATES v. NICOLESCU

Nos. 19-4247/4273.

17 F.4th 706 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Bogdan NICOLESCU (19-4247); Radu Miclaus (19-4273), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 9, 2021.


Attorney(s) appearing for the Case

ARGUED: David L. Doughten , Cleveland, Ohio, for Appellant in 19-4247. Catherine Adinaro Shusky , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant in 19-4273. Laura McMullen Ford , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: David L. Doughten , Cleveland, Ohio, for Appellant in 19-4247. Catherine Adinaro Shusky , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant in 19-4273. Laura McMullen Ford , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

WHITE, Circuit Judge, announced the judgment and delivered the opinion of the court in which she joined in all but Section III.D., and LARSEN and NALBANDIAN, Circuit Judges, joined in full. WHITE, Circuit Judge (pp. 731-32), delivered a separate opinion dissenting from Part III.D. of the court's opinion.


AMENDED OPINION

[Except as to Section III.D.]. For nine years, Defendants-Appellants Radu Miclaus and Bogdan Nicolescu ran a sophisticated, multimillion-dollar cyber-fraud ring out of Romania. They were extradited to the United States, and a federal jury in Ohio convicted them of wire fraud, conspiracy to...

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