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U.S. v. JOHNSON

Docket Nos. 99-1274, 99-1275 and 99-1354.

221 F.3d 83 (2000)

UNITED STATES of America, Appellee-Cross-Appellant, v. Jeffrey A. JOHNSON, Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2000.

Attorney(s) appearing for the Case

William P. Fanciullo, Albany, New York, for Appellant-Cross-Appellee.

Barbara D. Cottrell, Assistant United States Attorney (Thomas J. Maroney, United States Attorney, Northern District of New York; Thomas Spina, Jr., Assistant United States Attorney, of counsel), Albany, New York, for Appellee-Cross-Appellant.

Before: WINTER, Chief Judge, JACOBS, and KATZMANN, Circuit Judges.

WINTER, Chief Judge:

Jeffrey Johnson appeals from the 88month sentence imposed by then-Chief Judge McAvoy following a guilty plea to numerous crimes of a sexual nature involving minors. Appellant argues that his sentence must be modified for a number of reasons, including prosecutorial vindictiveness that allegedly caused a substantial change in the government's position well into the sentencing proceedings. The government cross-appeals from certain aspects of the...

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