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UNITED STATES v. LOPEZ

No. 1042, Docket 82-1430.

706 F.2d 108 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Vincent LOPEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 3, 1983.

Attorney(s) appearing for the Case

Douglas F. Eaton, New York City, for defendant-appellant.

Barbara S. Jones, Asst. U.S. Atty., S.D. N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Walter P. Loughlin, Asst. U.S. Atty., New York City, of counsel), for plaintiff-appellee.

Before OAKES, CARDAMONE, and WINTER, Circuit Judges.

PER CURIAM:

On June 15, 1982, Lopez pleaded guilty before Judge Robert W. Sweet to two counts of conspiracy to transport stolen property in interstate commerce in violation of 18 U.S.C. § 371 (1976). Each count carried a maximum penalty of five years imprisonment and a $10,000 fine, giving rise to a total exposure of ten years imprisonment and a $20,000 fine. At sentencing on November 15, 1982, Judge Sweet mistakenly believed that each count carried a possible...

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