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U.S. v. KALUST

Docket No. 00-1232.

249 F.3d 106 (2001)

UNITED STATES of America, Appellee, v. Eileen KALUST, Jose Diaz, Radhames Melo, aka "Radmes", aka "Raymond", aka "Radhmes", aka "Melo", aka "Ernesto", aka "Rhadames", Elias Abreu, aka "Albino", aka "Roberto Abreu", all in One Auto, Defendants, Maurizio Percan, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 3, 2001.

Attorney(s) appearing for the Case

IRVING COHEN, New York, NY, for appellant.

MYLAN L. DENERSTEIN, Assistant United States Attorney, for Mary Jo White, United States Attorney for the Southern District of New York (Ronnie Abrams, Cathy Seibel on the brief) for appellee.

Before: VAN GRAAFEILAND, WINTER, and CALABRESI, Circuit Judges.

Judge WINTER concurs in a separate opinion.

CALABRESI, Circuit Judge:

Appellant Maurizio Percan ("Percan") was convicted, after a jury trial, on seventeen counts of criminal activity related to his participation in a conspiracy to steal automobile airbags and resell them to the public. He was subsequently sentenced to 108 months in prison. In this appeal, Percan challenges his sentence on three grounds. First, he contends that, under U.S.S.G. § 3D1.2...

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