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U.S. v. CAVERA

Docket No. 05-4591-cr.

550 F.3d 180 (2008)

UNITED STATES, Appellee, v. Gerard CAVERA, aka Gerry Lake, and Peter Abbadessa, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 4, 2008.

Attorney(s) appearing for the Case

Taryn A. Merkl, Assistant United States Attorney (David C. James, Assistant United States Attorney, of counsel), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Appellee.

Jeffrey Rabin, Brooklyn, N.Y., for Defendant-Appellant Gerard Cavera.

Leonard Koerner & Deborah A. Brenner, for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y., for Amicus Curiae the City of New York.

SOTOMAYOR, J., filed an opinion concurring in part and dissenting in part. CARDAMONE and STRAUB, JJ., joined, and POOLER, J., joined, in part, the dissent.

CALABRESI, Circuit Judge, with whom Chief Judge JACOBS, and Judges CABRANES, SACK, KATZMANN, B.D. PARKER, JR., RAGGI, WESLEY, HALL, and LIVINGSTON join, and with whom Judges CARDAMONE, STRAUB, POOLER, and SOTOMAYOR join as to Parts I and II.A:

Defendant-Appellant Gerard Cavera appeals from a judgment entered on August 23, 2005 in the United States District Court for the Eastern District of New York.1 Cavera pled guilty to a firearms trafficking...

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