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U.S. v. ABBEY

Docket No. 01-1298.

288 F.3d 515 (2002)

UNITED STATES of America, Appellee, v. Donald K. ABBEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 6, 2002.

Attorney(s) appearing for the Case

Robert G. Smith, Assistant Federal Defender for the Western District of New York, (Jay S. Ovsiovitch, on the brief), Rochester, NY, for Defendant-Appellant.

Christopher V. Taffe, Assistant United States Attorney, (Kathleen M. Mehltretter, United States Attorney for the Western District of New York), Rochester, NY, for Appellee.

Before: WALKER, Chief Judge, JACOBS and SACK, Circuit Judges.

PER CURIAM.

Defendant-appellant Donald K. Abbey appeals from his sentence of two concurrent terms of twenty-one months imprisonment entered by the United States District Court for the Western District of New York (Charles J. Siragusa, District Judge) on May 23, 2001, after conviction upon a guilty plea to two counts of bank fraud in violation of 18 U.S.C. § 1344(1). He contends that the district court erred because it considered the entire amount of the...

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