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U.S. v. BARRESSI

Docket No. 02-1039.

316 F.3d 69 (2002)

UNITED STATES of America, Appellee, v. Jack BARRESI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 16, 2002.

Attorney(s) appearing for the Case

Steven M. Statsinger, The Legal Aid Society, New York, N.Y., for Defendant-Appellant.

Peter A. Norling, Assistant United States Attorney for the Eastern District of New York, Brooklyn, N.Y., (Alan Vinegrad, United States Attorney, and Catherine L. Youssef, Assistant United States Attorney, on the brief), for Appellee.

Before: CALABRESI and B.D. PARKER Jr., Circuit Judges, and STEIN, District Judge.

CALABRESI, Circuit Judge.

Frank Barresi pled guilty to implicating falsely a United States citizen of Pakistani descent in the terrorist attacks of September 11, 2001. The district court (Gershon, J.) found an upward departure warranted. The court based on its decision both on the nonmonetary harms caused by the offense and its interference with government functions, neither of which is adequately taken into account...

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