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U.S. v. CUNNINGHAM

Docket No. 01-1252.

292 F.3d 115 (2002)

UNITED STATES of America, Appellee, v. Francis CUNNINGHAM, also known as Richard Smith, also known as Willie Williams, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 29, 2002.

Attorney(s) appearing for the Case

Barbara E. O'Connor, Assistant Federal Public Defender, Burlington, VT, for Defendant-Appellant.

Paul J. Van De Graaf, Acting U.S. Attorney District of Vermont, Burlington, VT, for Appellee.

Before McLAUGHLIN, POOLER and B.D. PARKER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Defendant appeals from the district court's sentence of time served and two years' supervised release. The Government moves to dismiss the appeal claiming that Cunningham waived his right to appeal. For the reasons set forth below, we deny the Government's motion and affirm the sentence imposed by the district court.

BACKGROUND

In May 2000, Francis Cunningham was indicted in the United States District Court for the District...

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