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U.S. v. VOGEL

No. 941, Docket 94-1411.

54 F.3d 49 (1995)

UNITED STATES of America, Appellee, v. James Thomas VOGEL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 6, 1995.

Attorney(s) appearing for the Case

Fernande Rossetti, Albany, NY, for defendant-appellant.

George A. Yanthis, Albany, NY (Thomas J. Maroney, U.S. Atty. for the N.D.N.Y., of counsel), for appellee.

Before: WINTER and PARKER, Circuit Judges, and BATTS, District Judge.

PER CURIAM:

James T. Vogel appeals from a judgment and sentence entered by Judge Cholakis. Vogel contends that the district court erred by failing to apply the United States Sentencing Guidelines (the "Guidelines") and abused its discretion by imposing an excessive sentence.

In 1988, Vogel pleaded guilty to an information charging two counts of making false statements to federally insured banks (counts one and two), one count of bank fraud (count three), and...

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