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U.S. v. SMITH

Nos. 98-6377, 98-6378.

186 F.3d 290 (1999)

UNITED STATES of America, v. J. David SMITH, Appellant in 98-6377 Steven Dandrea, Appellant in 98-6378

United States Court of Appeals, Third Circuit.

Filed August 9, 1999.

Attorney(s) appearing for the Case

Lawrence S. Lustberg, Esquire (ARGUED), John J. Gibbons, Esquire, Mark A. Berman, Esquire, Kristine V. Ryan, Esquire, GIBBONS, DEL DEO, DOLAN, GRIFFINGER & VECCHIONE, a Professional Corporation, Newark, New Jersey, Attorneys for Appellant J. David Smith.

Kevin H. Marino, Esquire (ARGUED), Richard E. Shapiro, Esquire, Roseann Bassler, Esquire, KEVIN H. MARINO, P.C., Newark, New Jersey, Attorneys for Appellant Steven Dandrea.

Norman J. Gross, Esquire, (ARGUED), Assistant United States Attorney, Mitchell S. Cohen Courthouse, Camden, New Jersey,

Faith S. Hochberg, Esquire, United States Attorney, Newark, New Jersey.

Before: MANSMANN, WEIS, and GIBSON, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The defendants were convicted on a number of charges arising out of an embezzlement/kickback scheme. The District Court used the more severe money laundering guideline instead of that for fraud as the basis for sentencing. We will affirm the convictions, but remand for resentencing based on the pronouncements of the United States Sentencing Commission that the money laundering...

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