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UNITED STATES v. AMSTER

No. 98-7625.

193 F.3d 779 (1999)

UNITED STATES of America v. Scott AMSTER, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 7, 1999.

Attorney(s) appearing for the Case

J. David Bogenschutz (Argued), Bogenschutz & Dutko, Ft. Lauderdale, Florida, for Appellant.

Gordon A.D. Zubrod (Argued), Office of United States Attorney, Harrisburg, Pennsylvania, for Appellee.

Before: SCIRICA and McKEE, Circuit Judges, and SCHWARZER, District Judge

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal of a criminal sentence implicating § 4A1.2(f) of the U.S. Sentencing Guidelines. Appellant twice pleaded nolo contendere with the awareness that adjudication would be withheld and his compliance with certain conditions would result in subsequent dismissal of the charges. In each case, the charges were dismissed. This appeal raises the narrow issue whether the District Court correctly...

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