U.S. v. BOGDAN

No. 02-1655.

302 F.3d 12 (2002)

UNITED STATES of America, Appellant, v. John M. BOGDAN, Appellee.

United States Court of Appeals, First Circuit.

Decided September 5, 2002.


Attorney(s) appearing for the Case

Dina Michael Chaitowitz, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, were on brief, for appellant.

R.J. Cinquegrana, with whom Choate, Hall & Stewart, were on brief, for appellee.

Before BOUDIN, Chief Judge, GIBSON, Senior Circuit Judge, and TORRUELLA, Circuit Judge.


PER CURIAM.

This case involves a sentencing appeal, brought by the government, after the district court granted the defendant a downward departure. Because we find that the downward departure was inappropriate, we vacate the defendant's sentence and remand the case for resentencing.

I

On December 4, 2000, John M. Bogdan ("defendant" or "Bogdan"), pursuant to a plea agreement, pled guilty to two counts of mail fraud, in violation of 18 U.S.C. §...

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