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U.S. v. MINICONE

Nos. 447 and 448, Docket 92-1340 and 92-1341.

994 F.2d 86 (1993)

UNITED STATES of America, Appellant-Cross-Appellee, v. Jack J. MINICONE, Jr., also known as Jake, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 21, 1993.

Attorney(s) appearing for the Case

Kevin E. McCormack, Asst. U.S. Atty., Syracuse, NY (Gary L. Sharpe, U.S. Atty. for N.D.N.Y., Syracuse, NY, of counsel), for appellant-cross-appellee.

John A. Cirando, Syracuse, NY (Emil M. Rossi, D.J. & J.A. Cirando, Syracuse, NY, of counsel), for defendant-appellee-cross-appellant.

Before PIERCE, MINER and McLAUGHLIN, Circuit Judges.

PIERCE, Circuit Judge:

The government appeals from an amended judgment of conviction, imposed on June 5, 1992, in the United States District Court for the Northern District of New York, Munson, Judge, which sentenced Jack J. Minicone, Jr. to 379 months' imprisonment, three years' supervised release and ordered him to pay a special assessment of $100.1

For the reasons set forth below, we vacate the judgment of the district...

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