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U.S. v. ROSARIO

No. 188, Docket 93-1204.

7 F.3d 319 (1993)

UNITED STATES of America, Appellee, v. William ROSARIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 19, 1993.

Attorney(s) appearing for the Case

James Michael Roth, New York City (Michael Resko, Hurwitz, Stampur & Roth, of counsel), for defendant-appellant.

Mary Jo White, U.S. Atty., S.D.N.Y. (Andrew S. Dember and John W. Auchincloss, II, Asst. U.S. Attys., New York City, of counsel), for appellee.

Before: VAN GRAAFEILAND, PRATT, and WALKER, Circuit Judges.

PER CURIAM:

On November 4, 1991, defendant William Rosario approached a United States Postal Service letter carrier and asked the carrier if he had received any mail. The carrier told Rosario that he did not know if there was mail for him and returned to his duties. While the carrier's back was turned, Rosario hit the carrier on the head, knocking him to the floor, then immobilized the carrier by stepping on his throat while he stole the carrier's wallet and keys...

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