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U.S. v. McDAVID

No. 171, Docket 94-1083.

41 F.3d 841 (1994)

UNITED STATES of America, Appellee, v. Kirk McDAVID, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 1, 1994.

As Amended January 4, 1995.

Attorney(s) appearing for the Case

Bradley D. Simon, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty. for the E.D.N.Y., Susan Corkery, Asst. U.S. Atty., of counsel), for appellee.

Doris G. Traub, New York City (Traub & Traub, P.C., of counsel), for defendant-appellant.

Before: LUMBARD, KEARSE, and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

On November 12, 1993, Kirk McDavid pleaded guilty to one count of mail fraud under 18 U.S.C. § 1341 before Judge Spatt in the Eastern District of New York. On January 28, 1994, while imposing sentence, Judge Spatt referred to a mistaken item of fact, and afforded McDavid no opportunity to correct the error. The judge sentenced McDavid to the maximum six month prison term, three years of supervised release, a $50 special assessment, and...

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