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William A Trudeau Appeal To 2nd Circuit August 9 2013

William A Trudeau Appeal To 2nd Circuit August 9 2013

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Published by 92589258
William A. Trudeau, Jr. has appealed his 188 month sentence on grounds that he was sentenced for crimes for which a jury acquitted him.
William A. Trudeau, Jr. has appealed his 188 month sentence on grounds that he was sentenced for crimes for which a jury acquitted him.

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Categories:Types, Business/Law
Published by: 92589258 on Aug 20, 2013
Copyright:Attribution Non-commercial

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10/20/2013

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13
769
IN
THE
UNITED
STATES
COURT
OF
APPEALSFOR
THESECOND
CIRCUIT
UNITEDSTATES
OF
AMERICA,
V.
Appellee
WILLIAM
A.
TRUDEAU,
JR.,
Defendant-Appellant.
ON
APPEAL
FROM
THE
UNITED
STATES
DISTRICTCOURT
FORTHE
DISTRICT
OF
CONNECTICUT
BRIEFFOR
DEFENDANT-APPELLANT
WILLIAM
TRUDEAU
Ross
H.
Garber
Paul
S.
BailinMichaelChase
For
Shipman
&
GoodwinLLP
One
ConstitutionPlaza
Hartford,
CT
06103-1919
Tel:
(860)251-5011
Fax:
(860)
251-5319
Email:
pbai1ingoodwin.
corn
James
K.
Filan
Filan
LLC
315
PostRoadWestWestport,
CT06880
Tel:
(203)557-9159
Fax:
(203)
341-8560
Email:
jfilanjamesfilan.corn
andAugust
9,
2013
Counsel
for
Defendant-Appellant
 
TABLEOF
CONTENTS
TABLE
OF
CONTENTS..
i
TABLE
OF
i’v1
I
SSIJES
PIESENTE1
IE”VIE’7
1
S
TATEIN’IENT
OF
TIlE
CASE
2
pJIJ
fvIINA.I’V
STATE1/1ENT
.2S
TATE1’1F
T
OFFACTS
5
The
IndictmentPortrays
Mr.
Trudeau
as
the
Leader
and
Active
Participant
ina
Mortgage
Fraud
Schenie
5
The
GovernmentTries
To
Persuade
the
Jury
that
Mr.
TrudeauParticipated
in
and
Actively
Managed
EveryAspectof
the
Mortgage
Fraud
Scheme
7
The
Jury
Is
Instructed
on
Aiding
andAbettingandConspiracy
11
The
Jury
Finds
Mr.
Trudeau
Not
Guilty
on
Counts
2
-
8,
Which
Also
ComprisetheObjects
of
the
Alleged
ConspiracyCharged
in
Count
1
12
The
District
Court
Finds
That
Notwithstanding
the
Jury’s
Verdict,Mr.
Trudeau
Committed
All
of
the
Charged
Offenses
and
Sentences
him
as
if
lie
Were
So
Convicted
12
Ol’
TIlE
AIGIJMENT
16
STANDARD
OF
REVIEW
AND
PRESERVATION
.
18
i-IGLJMEN1’
19
 
I.
BY
REJECTING
THEJURY’SDETERMINATION
OF
THE
OBJECT
OFTHE
MULTI-OBJECT
CONSPIRACYCHARGED
IN
COUNT
ONE,
THECOURTERRED
IN
ITS
APPLICATION
OFTHESENTENCINGGUIDELINES
19
II.TO
THEEXTENTTHEJURY
ISSUED
A
GENERALVERDICT
ON
THECOUNT
ONE
MULTI-OBJECT
CONSPIRACY,THECOURT’S
JUDICIAL
FACT-FINDING
PURSUANTTO
THESENTENCINGGUIDELINESVIOLATED
MR.TRUDEAU’S
SIXTH
APVLE1’DEMENT
RIGHTS
26
III.
TO
THEEXTENTTHECOURT
PROPERLY
APPLIEDTHESENTENCINGGUIDELINES
FORMULTI-OBJECT
CONSPIRACIES,
SUCH
APPLICATION
VIOLATED
MR.TRUDEAU’S
FIFTH
AMENDEMENT
RIGHTS
32
IV.
MR.TRUDEAU’S
SENTENCE
WAS
UNCONSTITUTIONALLY
DISPROPORTIONATE
TO
HISOFFENSEOFCONVICTION
37
V.
THESIXTHAMENDMENT
BARSANY
SENTENCINGENHANCEMENTS
BASEDON
ACQUITTED
CONDUCT
43A.
IJ”atts
Is
No
Longer
Good
La’vv
43B.
AcquittedConduct
SentencingUnderminesthe
Rights
toa
Trial
by
Jury
and
Due
Process
ofLaw,
and
Violatesthe
SentencingReformAct
47
VI.
REMEDY
52
A.
Scope
ofRemand
52
B.
Remand
to
a
Different
.Judge
54
CONCLUSION
56
CERTIFICATE
OF’
CO1’IPLIANCE
58
SPECIALAPPENDIX
59
CONSTITUTIONAL
PROVISIONS,STATUTES,
AND
RULES
59
11

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