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U.S. v. THORPE

Docket No. 98-1670.

191 F.3d 339 (1999)

UNITED STATES of America, Appellee, v. Oswald THORPE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 8, 1999.

Attorney(s) appearing for the Case

Kevin S. Reed, Assistant United States Attorney (Lewis J. Liman of counsel; Mary Jo White, United States Attorney for the Southern District of New York), New York, New York, for Appellee.

Barry D. Leiwant, The Legal Aid Society Federal Defender Division Appeals Bureau, New York, New York, for Defendant-Appellant.

Before: KEARSE and CALABRESI, Circuit Judges, and HAIGHT, Senior District Judge.

HAIGHT, Senior District Judge:

Oswald Thorpe appeals from a sentence imposed upon him on November 19, 1998 by the United States District Court for the Southern District of New York (Richard Conway Casey, Judge).

On August 20, 1998, Thorpe pled guilty before District Judge Sonia Sotomayor (as she then was) to the sole count of an indictment charging him with bank larceny in violation of 18 U.S.C. § 2113(b) (1996). When Judge Sotomayor became a member...

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