U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

US v. Amico, No. 08-1338

Sentence for participating in a continuing financial crimes enterprise and conspiracy to commit bank and mortgage fraud is affirmed where the 2001 amendment to the gross receipts provision of the United States Sentencing Guidelines is a substantive change to an unambiguous provision and therefore does not apply retroactively.   

Read US v. Amico, No. 08-1338

Appellate Information
Appeal from the United States District Court for the Western District of New York.
Argued July 7, 2009
Decided July 21, 2009

Before: CALABRESI and HALL, Circuit Judges, and SESSIONS, District Judge
Per Curium Opinion

For Plaintiff: Terrance P. Flynn, United States Attorney, Buffalo, NY.

For Defendant: J. Scott Porter, Seneca Falls, N.Y.