United States v. Aleynikov

11-1126
United States v. Aleynikov
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
At a stated term of the United States Court of Appeals
for the Second Circuit, held at the Daniel Patrick Moynihan
United States Courthouse, 500 Pearl Street, in the City of
New York, on the 17 th day of February, two thousand twelve.
PRESENT: DENNIS JACOBS,
Chief Judge,
GUIDO CALABRESI,
ROSEMARY S. POOLER,
Circuit Judges.
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UNITED STATES OF AMERICA,
Appellee,
-v.- 11-1126
SERGEY ALEYNIKOV,
Defendant-Appellant.
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The mandate is recalled, the order of February 16, 2012
is rescinded, and the following order is entered.
Upon due consideration, it is hereby ORDERED, ADJUDGED
AND DECREED that the judgment of conviction is REVERSED on
both counts and the matter is remanded to the district court
for the limited purpose of releasing the defendant upon the
terms of bail that were previously set. An opinion shall
follow in due course.
FOR THE COURT:
CATHERINE O’HAGAN WOLFE, CLERK

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11-1126
United States v. Aleynikov
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
At a stated term of the United States Court of Appeals
for the Second Circuit, held at the Daniel Patrick Moynihan
United States Courthouse, 500 Pearl Street, in the City of
New York, on the 17 th day of February, two thousand twelve.
PRESENT: DENNIS JACOBS,
Chief Judge,
GUIDO CALABRESI,
ROSEMARY S. POOLER,
Circuit Judges.
- - - - - - - - - - - - - - - - - - - -X
UNITED STATES OF AMERICA,
Appellee,
-v.- 11-1126
SERGEY ALEYNIKOV,
Defendant-Appellant.
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This Court's order issued earlier this date is hereby
amended to the extent of granting to the district court judge,
upon remand, discretion to set the terms and conditions of
bail for the defendant pending issuance of the mandate.
FOR THE COURT:
CATHERINE O’HAGAN WOLFE, CLERK

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