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U.S. v. TOMASI

Docket No. 00-1303.

313 F.3d 653 (2002)

UNITED STATES of America, Appellee, v. Jon TOMASI, aka John Tomasi, Defendant-Appellant, Jimmy Tomasi, aka James Tomasi, and Frank Barrett, aka Skip Barrett, Defendants.

United States Court of Appeals, Second Circuit.

Decided: December 3, 2002.

Attorney(s) appearing for the Case

Tristram J. Coffin, Assistant U.S. Attorney, District of Vermont (David V. Kirby, U.S. Attorney, on the brief), for Appellee.

James M. Dingley, Roesler, Whittlesey, Meekins & Amidon, Burlington, Vermont, for Defendant-Appellant Jon Tomasi.

Before LEVAL, SACK, and SOTOMAYOR, Circuit Judges.

LEVAL, Judge.

Defendant Jon Tomasi (Tomasi) appeals a sentence imposed by the United States District Court for the District of Vermont (William K. Sessions III, J.), after Tomasi's plea of guilty during trial to distribution of heroin in violation of 21 U.S.C. § 841(a)(1). Tomasi contends that the district court erred in figuring his sentence by (a) adding a criminal history point, pursuant to the U.S.S.G. §§ 4A1.1(c) and 4A1.2(c)(1)(A), for...

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