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U.S. v. KUSHNER

No. 01-3549.

305 F.3d 194 (2002)

UNITED STATES of America, v. Raymond KUSHNER, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 24, 2002.

Attorney(s) appearing for the Case

James H. Love (Argued), Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, for the Appellees.

Stephen F. Capone (Argued), Stephen F. Capone & Associates, Pittsburgh, for the Appellant.

Before ROTH and STAPLETON, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

On December 20, 1999, Raymond Kushner ("Kushner") pled guilty to bank fraud, in violation of 18 U.S.C. § 1344(1),1 and conspiracy to commit bank fraud, in violation of 18 U.S.C. § 371. He appeals the District Court's calculation of his sentence under the 1998 Sentencing Guidelines ("the Guidelines"), and its determination that it lacked discretion to depart downwards from...

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