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U.S. v. BRYSER

No. 1587, Docket 95-1571.

95 F.3d 182 (1996)

UNITED STATES of America, Plaintiff, v. Ronnie BRYSER and Vincent DeGerolamo, Defendants, Gerald DeGerolamo, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 9, 1996.

Attorney(s) appearing for the Case

Richard D. Willstatter, Green & Willstatter, White Plains, New York, for Defendant-Appellant.

Anthony J. Siano, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, John M. McEnany, Assistant United States Attorney, of counsel), for Plaintiff.

Before: KEARSE, WINTER and CALABRESI, Circuit Judges.

WINTER, Circuit Judge:

Gerald DeGerolamo appeals from a resentencing after a second remand by this court. DeGerolamo challenges a five-level upward departure in his sentencing. We affirm.

BACKGROUND

The underlying facts were set forth at length in our opinion affirming the convictions of DeGerolamo and his co-defendants and vacating their sentences and remanding for resentencing. United States v. Bryser ("Bryser I"),

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