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U.S. v. SCUNGIO

No. 00-2229.

255 F.3d 11 (2001)

UNITED STATES, Appellee, v. John A. SCUNGIO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 6, 2001.

Attorney(s) appearing for the Case

Francis J. DiMento with whom DiMento & Sullivan and Jason A. Kosow were on brief for appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, were on brief for appellee.

Before TORRUELLA, Circuit Judge, LEVIN H. Campbell, Senior Circuit Judge, SCHWARZER, Senior District Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

John Scungio was convicted on a plea of guilty to making false statements in violation of 18 U.S.C. § 1001. He appeals from his sentence, arguing that the district court erred: (1) by sentencing him under the Obstruction of Justice guideline instead of under the Fraud and Deceit Guideline, see U.S.S.G. § 2F1.1, cmt. n. 14; and (2) by applying a two-level increase in his offense level on the basis of his "special...

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