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 InformationAppeal from the United States District Court for the Western District of New York. Argued July 7, 2009Decided July 21, 2009
JudgesBefore: CALABRESI and HALL, Circuit Judges, and SESSIONS, District JudgePer Curium Opinion
CounselFor Plaintiff: Terrance P. Flynn, United States Attorney, Buffalo, NY.
For Defendant: J. Scott Porter, Seneca Falls, N.Y.
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