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U.S. v. VITALE

No. 98-5072.

159 F.3d 810 (1998)

UNITED STATES of America v. Francis X. VITALE, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 6, 1998.

Attorney(s) appearing for the Case

Justin P. Walder (Argued), Walder, Sondak & Brogan, Roseland, NJ, for Appellant.

George S. Leone, Amanda Haines (Argued), Office of United States Attorney, Newark, NJ, for Appellee.

Before: SLOVITER, ROTH, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this case the principal issue we must decide is whether the offenses of wire fraud and tax evasion should be grouped together for sentencing purposes when the government stipulated that the conduct underlying the wire fraud charge was embezzlement. Appellant also raises an issue of his alleged entitlement to a downward departure for diminished mental capacity.

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