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U.S. v. CARPENTER

No. 00-1248.

252 F.3d 230 (2001)

UNITED STATES of America, Appellant, v. Donald P. CARPENTER, Defendant-Appellee.

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

Decided: June 8, 2001.

Amended: July 19, 2001.

Attorney(s) appearing for the Case

Daniel J. French, United States Attorney, Elizabeth S. Riker, Assistant United States Attorney, Northern District of New York, Syracuse, NY, on the brief, for Appellant.

Walter N. Munson, Syracuse, NY, for Appellee.

Philip L. Weinstein, The Legal Aid Society, Federal Defender Division Appeals Bureau, New York City, for Appellee.

Before: MESKILL, LEVAL and CALABRESI, Circuit Judges.

MESKILL, Circuit Judge:

The government appeals from a judgment of conviction entered on March 10, 2000 in the United States District Court for the Northern District of New York, Scullin, C. J., following defendant-appellee Donald Carpenter's plea of guilty to one count of conspiracy to steal firearms from a licensed firearms dealer, in violation of 18 U.S.C. §§ 371 and 924(m). On appeal, the government argues that the district court's determination...

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