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U.S. v. KORMAN

Docket Nos. 02-1466(L), 02-1526(XAP).

343 F.3d 628 (2003)

UNITED STATES of America, Appellee-Cross-Appellant, v. Alex KORMAN; Arthur Vetrano, Defendants, Nicholas Musto, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 15, 2003.

Attorney(s) appearing for the Case

MICHAEL S. KIM, Assistant United States Attorney, (James B. Comey, United States Attorney for the Southern District of New York, Lawrence Gerschwer, Robin L. Baker, Assistant United States Attorneys, on the brief) New York, N.Y. for Appellee-Cross-Appellant.

WILLIAM J. STAMPUR, Hurwitz Stampur & Roth, New York, N.Y. for Appellant-Cross-Appellee.

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

JOHN M. WALKER, JR., Chief Judge.

Defendant-Appellant Nicholas Musto appeals from the judgment of conviction entered on August 14, 2002, in the United States District Court for the Southern District of New York, following a four-day jury trial before Thomas P. Griesa, District Judge. The government cross-appeals the sentence, contending that the district court erred in its decision to grant Musto a downward departure under § 5K2.0 of the Sentencing Guidelines...

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