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U.S. v. REGAN

No. 92-2025.

989 F.2d 44 (1993)

UNITED STATES of America, Appellee, v. Peter J. REGAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 29, 1993.

Attorney(s) appearing for the Case

George F. Gormley, Cambridge, MA, with whom John D. Colucci, New York City, was on brief for defendant, appellant.

Ralph F. Boyd, Jr., and Robert J. Lynn, Asst. U.S. Attys., and A. John Pappalardo, U.S. Atty., Boston, MA, were on brief, for appellee.

Before BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Defendant Peter J. Regan, who pled guilty to 55 counts of bank embezzlement (18 U.S.C. § 656) on February 18, 1992 with no reservations or conditions now relevant, appeals with respect to his U.S. Sentencing Guidelines sentence of 40 months, (a) because he was not allowed a hearing on oral testimony with respect to his claimed deduction on account of diminished capacity; (b) because he was sentenced under guidelines issued...

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