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U.S. v. LOVAGLIA

Nos. 418, 419, 310, 421 and 443, Dockets 91-1211, 91-1212, 91-1331, 91-2262 and 91-2264.

954 F.2d 811 (1992)

UNITED STATES of America, Appellee, v. Michael LOVAGLIA, Martin Clune and Peter Pavlisak, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Paul J. Cambria, Jr., Buffalo, N.Y. (Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Mary Good, of counsel), for defendant-appellant Michael Lovaglia.

Joseph M. LaTona, Buffalo, N.Y. (Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Mary Good, of counsel), for defendant-appellant Martin Clune.

John R. Parrinello, Rochester, N.Y. (Redmond & Parrinello, of counsel), for defendant-appellant Peter Pavlisak (taken on submission).

Gregory A. West, Syracuse, N.Y., Asst. U.S. Atty., N.D.N.Y. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., of counsel), for appellee.

Before OAKES, Chief Judge, FEINBERG and MESKILL, Circuit Judges.

FEINBERG, Circuit Judge:

Michael Lovaglia, Martin Clune and Peter Pavlisak appeal from the sentences imposed upon them by the United States District Court for the Northern District of New York, Thomas J. McAvoy, J. Appellants challenge Judge McAvoy's refusal to recuse himself from the sentencing proceedings. Appellants also claim that the inclusion in their presentence reports of allegations to which they did not specifically plead violated their plea agreements....

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