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 17th 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. - - - - - - - - - - - - - - - - - - - -X The mandate is recalled, the order of February 16, 2012 is rescinded, and the following order is entered.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 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 17th 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. - - - - - - - - - - - - - - - - - - - -X 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