United States v. Gershman, No. 20-30 (2d Cir. 2022)
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A jury convicted defendants for various offenses for their role in a crime syndicate. The court sentenced each defendant to 198 months’ imprisonment. On appeal, the defendants raised various arguments including challenges to the admissibility of certain trial testimony, the correctness of the jury charge, the sufficiency of the Government’s proof, and the lawfulness of their sentences.
The court found that the district court did not clearly err in permitting a witness to identify one of the defendants at trial nor did it abuse its discretion in denying defendant's request for an evidentiary hearing. Further, the court declined to address the defendant’s double jeopardy claim. Moreover, the court affirmed the defendants’ RICO convictions and RICO conspiracy convictions. The court further affirmed defendants’ arson and conspiracy to commit arson convictions. Additionally, the court found that the district court did not abuse its discretion in fashioning the defendants' sentences. In sum, the circuit court affirmed the district court’s judgment.
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