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U.S. v. GUGINO

No. 95, Docket 88-1178.

860 F.2d 546 (1988)

UNITED STATES of America, Appellee, v. Anthony Russell GUGINO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 31, 1988.

Attorney(s) appearing for the Case

Patrick J. Brown, Buffalo, N.Y. (LoTempio & Brown, P.C., of counsel), for defendant-appellant.

Rodney O. Personius, Buffalo, N.Y., Asst. U.S. Atty., W.D.N.Y. (Dennis C. Vacco, U.S. Atty., W.D.N.Y., Paul J. Campana, Asst. U.S. Atty., of counsel), for appellee.

Before FEINBERG, Chief Judge, and CARDAMONE and PRATT, Circuit Judges.

FEINBERG, Chief Judge:

Anthony Russell Gugino appeals from a judgment of the United States District Court for the Western District of New York, John T. Elfvin, J., convicting appellant after a jury trial on three counts charging violation of 18 U.S.C. §§ 1029(b)(2), 1029(a)(1) and (2). The first count charged conspiracy to use with intent to defraud, and the other two counts charged such use of, an unauthorized access device and a counterfeit access device...

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