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U.S. v. LaBARBARA

No. 808, Docket 96-1391.

129 F.3d 81 (1997)

UNITED STATES of America, Appellee, v. Michael LaBARBARA, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 31, 1997.

Attorney(s) appearing for the Case

Arthur J. Viviani, New York City, for Defendant-Appellant.

William Gurin, Assistant United States Attorney, Eastern District of New York (Zachary W. Carter, United States Attorney, Susan Corkery, Assistant United States Attorney, of counsel), Brooklyn, NY, for Appellee.

Before: WINTER, Chief Judge, OAKES and CABRANES, Circuit Judges.

WINTER, Chief Judge:

Michael LaBarbara, Jr., appeals from a conviction after a jury trial for conspiracy to steal union welfare benefits in violation of 18 U.S.C. § 371, theft from an employee-benefit plan in violation of 18 U.S.C. § 664, embezzlement of union property in violation of 29 U.S.C. § 501(c), and seven counts of mail fraud in violation of 18 U.S.C. § 1341. LaBarbara was sentenced by Judge Spatt to 108 months imprisonment and five years...

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