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U.S. v. FULLER

Docket Nos. 02-1155L, 02-1347.

332 F.3d 60 (2003)

UNITED STATES of America, Appellee, v. John NMN FULLER, Leyton Wint, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 12, 2003.

Attorney(s) appearing for the Case

Colleen P. Cassidy, Legal Aid Society, Federal Defender Division Appeals Bureau, New York, N.Y., for Defendant-Appellant Fuller.

John Fuller, White Deer, Pa., submitted a pro se brief.

Richard D. Willstatter, Green & Willstatter, White Plains, N.Y., for Defendant-Appellant Wint.

Justin S. Weddle, Asst. U.S. Atty., New York, N.Y. (James B. Comey, U.S. Atty., Christine H. Chung, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee.

Before: WALKER, Chief Judge, OAKES and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal in a criminal case primarily concerns three narrow issues, one concerning appellate procedure and two concerning sentencing. The first is the appropriate disposition in a criminal case of an appeal filed after the expiration of the applicable time limit due to defense counsel's oversight. The second is the permissible use of a defendant's criminal conduct in making "horizontal" and "vertical" departures under the Sentencing...

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