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U.S. v. PIPITONE

No. 1637, Docket 94-1690.

67 F.3d 34 (1995)

UNITED STATES of America, Appellant, v. Anthony PIPITONE, Defendant, Filippo Gallina, also known as "Philip," Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 3, 1995.

Attorney(s) appearing for the Case

Allen D. Applbaum, Assistant United States Attorney for the Southern District of New York, New York City (Mary Jo White, United States Attorney, Paul G. Gardephe, Assistant United States Attorney, New York City, of counsel), for Appellant.

Jeffrey Lichtman, New York City (Gerald L. Shargel, Michael S. Pollok, New York City, of counsel), for Defendant-Appellee.

Before: OAKES, WINTER and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

The United States of America appeals from a second amended judgment entered November 10, 1994 in the United States District Court for the Southern District of New York, Whitman Knapp, Judge, that granted the petition of defendant-appellee Filippo Gallina pursuant to 28 U.S.C. § 2255 to reduce a previously imposed sentence of sixty-three months by three months so that Gallina would be eligible for the Bureau of Prison's Shock Incarceration...

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