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U.S. v. SILKOWSKI

No. 713, Docket 93-1520.

32 F.3d 682 (1994)

UNITED STATES of America, Appellee, v. Ralph J. SILKOWSKI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 11, 1994.

Attorney(s) appearing for the Case

James P. Trainor, Albany, NY (Carter, Conboy, Bardwell, Case, Blackmore & Napierski, of counsel), for defendant-appellant.

Kimberly M. Zimmer, Asst. U.S. Atty., N.D.N.Y., Albany, NY (Gary L. Sharpe, U.S. Atty., N.D.N.Y., of counsel), for appellee.

Before: MESKILL, WINTER and PRATT, Circuit Judges.

MESKILL, Circuit Judge:

This appeal raises the issue of whether a district court may consider criminal conduct outside the applicable statute of limitations when determining the appropriate sentence of incarceration and restitution. The United States District Court for the Northern District of New York, Cholakis, J., concluded that it could and relied on such conduct for purposes of calculating both the term of incarceration under the United States Sentencing...

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