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U.S. v. DeGOVANNI

No. 96-1333.

104 F.3d 43 (1997)

UNITED STATES of America v. Thomas DeGOVANNI, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 2, 1997.

Attorney(s) appearing for the Case

Gerald A. Stein (Argued), Gerald A. Stein, P.C., Philadelphia, PA, for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, William B. Carr, Jr., Assistant United States Attorney (argued), Philadelphia, PA, for Appellee.

Before: BECKER, McKEE and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

In the context of U.S.S.G. § 3B1.1(c) which authorizes an enhancement of two levels when a defendant is characterized as a "supervisor", the question we must answer in this appeal is: when is a supervisor not a supervisor? In the instant case, we hold that one is only a "supervisor" under U.S.S.G. § 3B1.1(c) when he is so involved in, and connected to, the illegal activity of others that he actually supervises...

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