CARDAMONE, Circuit Judge:
The United States appeals the sentence imposed on Steven Berg in the United States District Court for the Western District of New York (Larimer, C.J.) on April 25, 2000. The sentencing court declined to impose a two-level sentence enhancement on Berg's sentence for a violation of judicial process under U.S. Sentencing Guidelines Manual (U.S.S.G.) § 2F1.1(b)(4)(B),
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