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U.S. v. BERNA

No. 92-4053.

995 F.2d 711 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory BERNA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 1993.

Attorney(s) appearing for the Case

Timothy O'Shea, Madison, WI (argued), for plaintiff-appellee.

Steven C. Underwood, Michael S. Heffernan (argued), Stolper, Koritzinsky, Brewster & Neider, Madison, WI, for defendant-appellant.

Before POSNER and FLAUM, Circuit Judges, and WILL, Senior District Judge.

WILL, Senior District Judge.

Gregory Berna pled guilty to one count of wire fraud and 28 other counts were dismissed. He was sentenced to 37 months for embezzling over $1 million. He appeals his sentence under 18 U.S.C. § 3742, claiming incorrect application of the sentencing guidelines. Berna argues that a two level reduction should have been granted under § 3B1.2(b) because he was a minor participant and that...

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