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U.S. v. DESNOYERS

Docket No. 11-5194-cr.

708 F.3d 378 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Mark DESNOYERS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 14, 2013.

Attorney(s) appearing for the Case

Rajit S. Dosanjh , ( Craig A. Benedict , on brief), for Richard S. Hartunian, United States Attorney for the Northern District of New York, Syracuse, NY, for Appellant, United States of America.

John B. Casey , Dreyer Boyajian LLP, Albany, NY, for Appellee, Mark Desnoyers.

Before: JACOBS, Chief Judge, CALABRESI, and LEVAL, Circuit Judges.

DENNIS JACOBS, Chief Judge:

The United States takes this appeal from the sentence imposed following our reinstatement of a count of conviction dismissed by the district court under Federal Rule of Criminal Procedure 29. The re-sentencing has resulted in imposition of the same term of probation and an increase in restitution of about $10,000.

Desnoyers was convicted by a jury in the United States District Court for the Northern District of New York (Hurd, ...

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