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U.S. v. GIGANTE

Nos. 381, 382 and 383, Dockets 93-1260(L), 93-1277 and 93-1278.

94 F.3d 53 (1996)

UNITED STATES of America, Appellee, v. Vincent GIGANTE, also known as "Chin"; Vittorio Amuso, also known as Jesse, also known as Vic; Anthony Casso, also known as Gas, also known as Gaspipe; Peter Gotti; Dominic Canterino, also known as Baldy Dom; Peter Chiodo; Joseph Zito; Caesar Gurino; Vincent Ricciardo, also known as Three Fingers; Joseph Marion, also known as Joe Cakes; John Morrissey, also known as Sonny Blue, also known as Sonny; Thomas McGowan; Victor Sobolewski; Anthony B. Laino; Gerald Costabile; Andre Campanella; Michael Realmuto; George Zappola; Richard Pagliarulo; Michael Desantis; Michael Spinelli; Thomas Carew; and Corrado Marino, Defendants, Benedetto Aloi, also known as Benny; Dennis Delucia; and Venero Mangano, also known as Benny Eggs, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 26, 1996.

Attorney(s) appearing for the Case

Judd Burstein, Marc Fernich, Judd Burstein, P.C., New York City, for Defendant-Appellant Benedetto Aloi.

Frederick P. Hafetz, Susan R. Necheles, Goldman & Hafetz, New York City, for Defendant-Appellant Venero Mangano.

Before: VAN GRAAFEILAND and WINTER, Circuit Judges, and POLLACK, District Judge.

WINTER, Circuit Judge:

The petition for rehearing in this matter has previously been denied by the panel. Further proceedings concerning the suggestion for rehearing in banc have caused the panel to reconsider the petition for rehearing. The petition is once again denied1, but subsection (1) of the previous opinion is vacated and the following is substituted:

DISCUSSION

1. The Upward Adjustments and Departures

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