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U.S. v. SCHREIBER

Docket No. 98-1462

191 F.3d 103 (1999)

UNITED STATES of America, Appellee, v. Robert SCHREIBER, Michael Franks, Brent Gilpin, and Susan Scainetti, Defendants, John Bianco, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 2, 1999.

Attorney(s) appearing for the Case

Diana D. Parker, New York, N.Y. (Elizabeth Small, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, NY, Valerie Amsterdam, James Branden, Amsterdam & Branden, of counsel), for Defendant-Appellant.

Richard Sullivan, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney for the Southern District of New York, Ira M. Feinberg, Assistant United States Attorney, New York, NY, of counsel), for Appellee.

BEFORE: MESKILL, PARKER, and SOTOMAYOR, Circuit Judges.

PARKER, Circuit Judge:

Defendant-appellant John Bianco appeals from the judgement of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge) entered August 20, 1998, convicting appellant, after his plea of guilty, of conspiracy to distribute, and to possess with intent to distribute, more than 100 pounds of marijuana. Appellant argues on appeal that he was sentenced incorrectly.

At sentencing, the district court set...

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