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U.S. v. SICURELLA

No. 03-1543.

367 F.3d 82 (2004)

UNITED STATES of America, Appellant, v. Vincent SICURELLA, also known as "Jimmy," Defendant-Appellee, Mark Jamieson, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 5, 2004.

Attorney(s) appearing for the Case

Anthony M. Bruce, Assistant United States Attorney, for Michael A. Battle, United States Attorney, Western District of New York, for Appellant United States of America.

John J. Molloy, West Seneca, N.Y., for Defendant-Appellee Vincent Sicurella.

Before: SOTOMAYOR, KATZMANN, KEITH, Circuit Judges.

KATZMANN, Circuit Judge.

This appeal involves interpretation of U.S.S.G. § 2E2.1(b)(1)(C), which provides for a three-level enhancement "if a dangerous weapon (including a firearm) was brandished or possessed" in connection with making or financing an extortionate extension of credit or collecting an extension of credit by extortionate means.

The Defendant-Appellee Vincent Sicurella was convicted of using extortionate means to collect an extension of...

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