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U.S. v. PROSPERI

Nos. 98-4605, 98-4692.

201 F.3d 1335 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Arnold Paul PROSPERI, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Arnold Paul Prosperi, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 28, 2000.

Attorney(s) appearing for the Case

Thomas P. Puccio, Law Offices of Thomas P. Puccio, New York City, Roma W. Theus, III, Holland & Knight, Fort Lauderdale, FL, Lily Fu Swenson, Lawrence S. Robbins, Mayer, Brown & Platt, Washington, DC, for Prosperi.

Adalberto Jordan, Stephen Schlessinger, Miami, FL, for United States.

Before COX, Circuit Judge, KRAVITCH, Senior Circuit Judge, and PROPST, Senior District Judge.

KRAVITCH, Senior Circuit Judge:

This appeal involves a statutory interpretation question of first impression: whether the definition of "counterfeited" provided in 18 U.S.C. § 513(a) incorporates or replaces the preexisting common law definition which requires a showing of similitude between the counterfeit and genuine obligations. Also presented is the extent to which evidence, admitted for charges that were later dismissed, may "spill over" and prejudice the...

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