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U.S. v. KAVOUKIAN

Docket No. 02-1051.

315 F.3d 139 (2002)

UNITED STATES of America, Appellant, v. Kurt KAVOUKIAN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 31, 2002.

Attorney(s) appearing for the Case

Barbara D. Cottrell, Assistant United States Attorney (Joseph A. Pavone, United States Attorney for the Northern District of New York, Paul D. Silver and Edward P. Grogen, Assistant United States Attorneys, on the brief), Albany, NY, for appellant.

Paul Evangelista (Molly Corbett, on the brief), Assistant Federal Public Defender's Office, Albany, NY, for defendant-appellee.

Before: FEINBERG, MESKILL, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge.

I.

In 1996, Defendant Kurt Kavoukian pleaded guilty in a New York County Court to a state charge of Menacing in the Second Degree.1 At the plea hearing, Defendant acknowledged that on July 15, 1996, he had a disagreement with a woman, and that during the disagreement he "displayed a rifle" in a "manner intended to place [the woman] in fear." Defendant was sentenced...

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