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UNITED STATES v. PERCOCO

Nos. 18-2990(L), 19-1272(Con) August Term 2019.

80 F.4th 393 (2023)

UNITED STATES of America, Appellee, v. Joseph PERCOCO, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Alain Kaloyeros, aka Dr. K, Defendants-Appellants, Peter Galbraith Kelly, Jr., Michael Laipple, Kevin Schuler, Defendants.

United States Court of Appeals, Second Circuit.

Originally Decided: September 8, 2021.

Reversed and Remanded: May 11, 2023.

Decided: September 5, 2023.

Attorney(s) appearing for the Case

Michael L. Yaeger , Carlton Fields, P.A., New York, NY ( Walter P. Loughlin , New York, NY, on the briefs), for Defendant-Appellant Joseph Percoco.

Matthew D. Podolsky ( Robert L. Boone , Janis M. Echenberg , Won S. Shin , on the brief), Assistant United States Attorneys, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: Raggi, Chin, and Sullivan, Circuit Judges.

In 2019, Defendant-Appellant Joseph Percoco appealed from a judgment of conviction entered in the United States District Court for the Southern District of New York (Valerie E. Caproni, J.), after a jury found him guilty of two counts of conspiracy to commit honest-services wire fraud, in violation of 18 U.S.C. § 1349 (Counts Nine...

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