United States v. Juncal, No. 10-1800 (2d Cir. 2013)Annotate this Case
Defendants were convicted of conspiracy to commit mail fraud and wire fraud in violation of 18 U.S.C. 1341, 1343, and 1349. Defendants' convictions stemmed from their involvement in a conspiracy to defraud a non-existent investor of three billion dollars. The court concluded that there was sufficient evidence for a reasonable jury to conclude that any misrepresentations defendants made were material. The court concluded, however, that defendants' sentences were procedurally unsound where the court was uncertain whether the district court weighed the factors listed in 18 U.S.C. 3553(a). Accordingly, the court affirmed the convictions but vacated the sentences, remanding for resentencing.
The court issued a subsequent related opinion or order on July 24, 2013.