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U.S. v. SALEMI

No. 520, Docket 94-1225.

46 F.3d 207 (1995)

UNITED STATES of America, Appellee, v. Mario SALEMI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 30, 1995.

Attorney(s) appearing for the Case

Patrick M. Wall, New York City, for defendant-appellant.

Bernard J. Malone, Jr., Albany, NY, Asst. U.S. Atty., N.D.N.Y. (Thomas J. Maroney, U.S. Atty., N.D.N.Y., of counsel), for appellee.

Before: FEINBERG, VAN GRAAFEILAND and MINER, Circuit Judges.

FEINBERG, Circuit Judge:

This appeal by defendant Mario Salemi poses the single issue of what it means for a defendant to be "in the business of receiving and selling stolen property" under the Sentencing Guidelines. The case is before us for the second time. In the earlier appeal, after Salemi's original sentencing by the United States District Court for the Northern District of New York (Thomas A. McAvoy, Chief Judge), this court vacated the sentence, because of...

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