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U.S. v. PORTER

No. 1381. Docket 93-1760.

41 F.3d 68 (1994)

UNITED STATES of America, Appellee, v. Mary M. PORTER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 29, 1994.

Attorney(s) appearing for the Case

Michael G. Rossetti, Asst. U.S. Atty., Buffalo, NY (Patrick H. NeMoyer, U.S. Atty., of counsel), for appellee.

Jonathan W. Feldman, Federal Public Defender, Buffalo, NY, for defendant-appellant.

Before: LUMBARD, VAN GRAAFEILAND and WINTER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Mary M. Porter appeals from a judgment of conviction of the United States District Court for the Western District of New York (Skretny, J.) which followed her guilty plea to a charge of wire fraud (18 U.S.C. § 1343). We vacate that portion of the judgment dealing with restitution, and remand to the district court for resentencing.

Between 1988 and 1991, Porter, while holding sales assistant positions at two brokerage firms...

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