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UNITED STATES v. DiFRANCESCO

Nos. 231, 908 and 1094, Dockets 78-1250, 78-1369 and 78-1371.

658 F.2d 33 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene DiFRANCESCO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Eugene DiFRANCESCO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

August 12, 1981.

Attorney(s) appearing for the Case

Richard J. Arcara, U.S. Atty., W.D.N.Y., Buffalo, N.Y. (Jerome M. Feit, Victor D. Stone, Attys., Dept. of Justice, Washington, D.C., of counsel), for plaintiff-appellant United States.

Boreanaz, NeMoyer & Baker, Buffalo, N.Y., for defendant-appellee Eugene DiFrancesco.

Before Van GRAAFEILAND, and MESKILL, Circuit Judges, and HAIGHT, District Judge.

MESKILL, Circuit Judge:

This case is before us on remand from the Supreme Court. United States v. DiFrancesco, 449 U.S. 117, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980), rev'g 604 F.2d 769 (2d Cir. 1979). In our original decision, familiarity with which is assumed, we held that 18 U.S.C. § 3576 (1976), which allows the Government under certain conditions to appeal a sentence imposed upon...

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