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U.S. v. BOGUSZ

Nos. 92-5575, 92-5595.

43 F.3d 82 (1994)

UNITED STATES of America, Appellee v. Donald BOGUSZ, a/k/a Bogey, Appellant. UNITED STATES of America, Appellee v. John O'ROURKE, a/k/a Hap, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 28, 1994.

Attorney(s) appearing for the Case

Glenn A. Zeitz (argued) and Julia S. Ingersoll, Zeitz & Talty, Philadelphia, PA, for appellant Donald Bogusz.

Dennis A. Durkin and David D.F. Lawrence, (argued), Durkin & Durkin, Newark, NJ, for appellant John O'Rourke.

Michael Chertoff, Edna B. Axelrod, and Leslie F. Schwartz, Esquire (argued), Office of U.S. Atty., Newark, NJ, for appellee.

PRESENT: HUTCHINSON and NYGAARD, Circuit Judges, and LUDWIG, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellants, Donald Bogusz ("Bogusz") and John O'Rourke ("O'Rourke"), appeal criminal sentences imposed on them by the United States District Court for the District of New Jersey.1 The district court sentenced Bogusz to 120 months and O'Rourke to 168 months of imprisonment for their criminal involvement with a methamphetamine laboratory. Because the district court erroneously interpreted...

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