U.S. v. CUSUMANO

No. 90-1931.

943 F.2d 305 (1991)

UNITED STATES of America v. Joseph CUSUMANO, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 28, 1991.


Attorney(s) appearing for the Case

Thomas B. Rutter (argued), Rutter, Turner, Solomon & DiPiero, Philadelphia, Pa., for appellant.

Michael M. Baylson, U.S. Atty., Walter S. Batty, Jr., Robert E. Goldman (argued), Peter F. Schenck, Asst. U.S. Attys., Philadelphia, Pa., for appellee.

Before HUTCHINSON, COWEN and SEITZ, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

Joseph Cusumano appeals his conviction and sentence pursuant to his involvement in a kickback scheme concerning an employee benefit plan. The district court had jurisdiction under 18 U.S.C. § 3231 (1988). This court has jurisdiction under 28 U.S.C. § 1291 (1988).

I. FACTS

Viewing the evidence in the light most favorable to the government, the facts relevant to this appeal are as follows...

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