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U.S. v. McCALL

Docket No. 97-1662.

174 F.3d 47 (1998)

UNITED STATES of America, Appellee, v. Nelson A. McCALL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 4, 1998.

Attorney(s) appearing for the Case

Dan Himmelfarb, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney, Craig A. Stewart, Assistant United States Attorney, of counsel), for Appellee.

Colleen P. Cassidy, The Legal Aid Society, Federal Defender Division, Appeals Bureau, for Appellant.

Before: WINTER, Chief Judge, WALKER, and MCLAUGHLIN, Circuit Judges.

WINTER, Chief Judge:

Nelson A. McCall appeals from a sentence imposed by Judge Scheindlin after he pleaded guilty to embezzlement. Judge Scheindlin calculated McCall's Sentencing Guidelines offense level based in part on her determination that a two-level "vulnerable victim" enhancement applied. She then sentenced McCall to a fifteen month term of imprisonment. McCall contends on appeal that Judge Scheindlin erred in applying the vulnerable victim enhancement. We...

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