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U.S. v. HOURIHAN

Nos. 1548, 1605, Dockets 94-1531, 94-1532.

66 F.3d 458 (1995)

UNITED STATES of America, Appellee and Cross-Appellant, v. Roger J. HOURIHAN, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 13, 1995.

Attorney(s) appearing for the Case

Bruce R. Bryan, Syracuse, NY (Amdursky, Duell & Pelky, of counsel), for defendant-appellant and cross-appellee.

John G. Duncan, Asst. U.S. Atty., Syracuse, NY (Thomas J. Maroney, U.S. Atty., of counsel), for appellee and cross-appellant.

Before: VAN GRAAFEILAND, KEARSE and JACOBS, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Roger J. Hourihan (hereinafter "defendant") appeals from a judgment of the United States District Court for the Northern District of New York (Scullin, J.) convicting him of abusive sexual contact, 18 U.S.C. § 2244(b), and aggravated sexual abuse, 18 U.S.C. § 2241(a)(1). The Government cross-appeals from defendant's sentence of 27 months imprisonment. We affirm the conviction but remand for resentencing.

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