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U.S. v. KAYE

No. 889, Docket 94-1381.

65 F.3d 240 (1995)

UNITED STATES of America, Appellee, v. Lancelotte KAYE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 5, 1995.

Attorney(s) appearing for the Case

Allan Sturim, Kew Gardens, (Sturim & Nizin, Kew Gardens, of counsel), for defendant-appellant.

Douglas T. Burns, Assistant U.S. Attorney for the E.D.N.Y. (Peter A. Norling, Assistant U.S. Attorney, Zachary W. Carter, U.S. Attorney for the E.D.N.Y., of counsel), for appellee.

Before VAN GRAAFEILAND and WINTER, Circuit Judges, and KAPLAN, District Judge.

WINTER, Circuit Judge:

Lancelotte Kaye appeals from a sentence imposed by Judge Mishler after Kaye pleaded guilty to possession of firearms with obliterated serial numbers that had been shipped in interstate or foreign commerce in violation of 18 U.S.C. §§ 922(k), 924(a)(1)(B) and 3551 et seq. This appeal involves an unusual set of facts. In the district court, the Assistant United States Attorney ("AUSA") declined to move for a downward departure...

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