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U.S. v. FEIGENBAUM

Nos. 1146, 1147, Dockets 91-1564, 91-1565.

962 F.2d 230 (1992)

UNITED STATES of America, Appellee, v. Norman FEIGENBAUM, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 29, 1992.

Attorney(s) appearing for the Case

Warren S. Landau, Smithtown, N.Y., for defendant-appellant.

Bernard J. Malone, Jr., Asst. U.S. Atty., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty., Donald T. Kinsella, Asst. U.S. Atty., on the brief), for appellee.

Before: NEWMAN and CARDAMONE, Circuit Judges, and SAND, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal concerns primarily the issue of whether a prosecutor's commitment not to make a recommendation "at sentencing" prohibits the prosecutor from opposing a motion to reduce a sentence. The issue arises on an appeal by Norman Feigenbaum from the September 3, 1991, order of the United States District Court for the Northern District of New York (Con. G. Cholakis, Judge) denying his motions pursuant to Rules 32 and 35(a), (b) of the...

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