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U.S. v. CURRAN

No. 91-1990.

967 F.2d 5 (1992)

UNITED STATES, Appellee, v. Thomas J. CURRAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 12, 1992.

Attorney(s) appearing for the Case

Eugene V. Mollicone, Cranston, R.I., with whom William A. DiMitri, Jr., by Appointment of the Court, and DiMitri & DiMitri, Providence, R.I., were on brief, for defendant, appellant.

Margaret E. Curran, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., and Charles A. Tamuleviz, Asst. U.S. Atty., Providence, R.I., were on brief, for appellee.

Before BREYER, Chief Judge, CYR, Circuit Judge, and FUSTE, District Judge.

BREYER, Chief Judge.

A jury convicted the appellant, Thomas J. Curran, of embezzlement, 18 U.S.C. § 153 (embezzlement by a bankruptcy trustee), after which the district court sentenced him to thirty months imprisonment, three years of supervised release, and restitution in the amount of $21,550.09. Curran appeals the sentence.

Curran and the government agree that the court incorrectly calculated the amount of restitution. They also agree that, since the...

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