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U.S. v. BRECHNER

No. 1449, Docket 95-1649.

99 F.3d 96 (1996)

UNITED STATES of America, Appellant, v. Milton BRECHNER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 1, 1996.

Attorney(s) appearing for the Case

Stanley J. Okula, Jr., Assistant United States Attorney, Brooklyn, NY, (Zachary W. Carter, United States Attorney for the Eastern District of New York, Peter A. Norling, of counsel), for Appellant.

Victor J. Rocco, New York City, (Gordon Altman Butowsky Weitzen Shalov & Wein, New York, N.Y., of counsel), for Defendant-Appellee.

Before: MINER, McLAUGHLIN, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

This is an appeal by the government from a sentence imposed by the United States District Court for the Eastern District of New York (Mishler, J.) upon the defendant Milton Brechner in which the court departed downward by reason of the defendant's cooperation.

After the defendant was charged with tax evasion, he and the government entered into a written cooperation agreement which provided that if the United States Attorney's Office...

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