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U.S. v. LOHAN

Nos. 1447, 1448, Dockets 90-1637, 90-1660.

945 F.2d 1214 (1991)

UNITED STATES of America, Appellee-Cross Appellant, v. Michael J. LOHAN, also known as Michael Desiderio, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Second Circuit.

Decided September 23, 1991.

Attorney(s) appearing for the Case

Charles S. Kleinberg, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., (Andrew J. Maloney, U.S. Atty., and Robert L. Begleiter, Asst. U.S. Atty., of counsel), for appellee-cross appellant U.S.

Salvatore S. Russo, Brooklyn, N.Y., for defendant-appellant-cross appellee Michael J. Lohan.

Before CARDAMONE, PIERCE and FRIEDMAN, Circuit Judges.

FRIEDMAN, Circuit Judge:

This appeal and cross-appeal challenge on various grounds only the sentence imposed upon the appellant Lohan following his guilty plea to criminal contempt, 18 U.S.C. § 401(3) (1988). We affirm-in-part, vacate-in-part, and remand.

I

In 1987, Lohan was president of his firm, New York Futures Traders, Inc. (Traders), a commodities futures broker. In that year, Lohan and Traders settled a civil action in the United States...

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