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U.S. v. PENA

No. 00-5169.

268 F.3d 215 (2001)

UNITED STATES of America, v. Arthur PENA, Appellant.

United States Court of Appeals, Third Circuit.

Filed October 10, 2001.

Attorney(s) appearing for the Case

Anthony J. Iacullo, [Argued], Iacullo & Saluti, Montclair, NJ, Counsel for Appellant Arthur Pena.

Elizabeth S. Ferguson, [Argued], George S. Leone, Office of United States Attorney, Newark, N.J., Counsel for Appellee United States of America.

BEFORE: SCIRICA, RENDELL, and ROSENN, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Arthur Pena was a veteran police officer of the West New York, New Jersey, Police Department ("WNYPD"), who, along with other officers, accepted bribes in return for permitting illegal poker video gambling machines to operate without interference in certain areas of New Jersey. At issue on appeal is the proper application of § 2C1.1 of the United States Sentencing Guidelines to the facts of this case, and...

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