Posted On:
May 6, 2008
Opinion Summaries: Second Circuit U.S. Court of Appeals
From: Findlaw Opinion Summaries May 5, 2008.
CRIMINAL LAW & PROCEDURE, SENTENCING, WHITE COLLAR CRIME
US v. Eberhard, No. 05-3431, 05-5248, 06-2913
"Conviction, sentence, and restitution ordered against defendant for conspiracy, investment advisor fraud, mail and wire fraud, and obstruction of justice, are affirmed over defendant's claims that: 1) application of newly-enacted 18 U.S.C. section 3771(a) was unconstitutional as applied to him under the Ex Post Facto and Due Process clauses; 2) the record did not support a four-level role enhancement under the sentencing guidelines; and 3) his sentence was substantively unreasonable in light of a probation office's recommended terms."
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