U.S. v. KAPELUSHNIK

Nos. 01-14114, 01-14115.

306 F.3d 1090 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Michael KAPELUSHNIK, a.k.a. Michael Kapel, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Alexander Volis, a.k.a. Alex Kline, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 17, 2002.


Attorney(s) appearing for the Case

Stephen Schlessinger, Anne R. Schultz, Miami, FL, for Plaintiff-Appellant.

Thomas D. Scalfani, Thomas D. Scalfani, P.A., Alvin E. Entin, Entin, Schwartz Margules, P.A., Fort Lauderdale. FL, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and BLACK and COX, Circuit Judges.


COX, Circuit Judge:

The Government appeals the court's grant of downward sentencing departures to Michael Kapelushnik and Alexander Volis based on their voluntary restitution of some rare American coins following the district court's acceptance of their guilty pleas. We raised sua sponte a jurisdictional issue in this case stemming from the fact that, at the time the Government filed its notice of appeal, the district...

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