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U.S. v. FIORE

No. 02-1473.

381 F.3d 89 (2004)

UNITED STATES of America, Appellee, v. Marco G. FIORE, Jr.; Benjamin V. Salmonese, Jr.; Frank Piscitelli; Thomas Deceglie; Peter C. Restivo; David C. Lavender; Michael J. Eisemann; Michael Ricottone; Howard Zelin; Glen Benussi, Defendants, Thomas J. DeSimone, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 23, 2004.

Attorney(s) appearing for the Case

Bobbi C. Sternheim, New York, New York, for Defendant-Appellant.

David B. Anders, Assistant United States Attorney (David N. Kelley, United States Attorney, and Andrew B. Ceresney, Assistant United States Attorney, of counsel), New York, New York, for Appellee.

Before: WINTER, CALABRESI, and KATZMANN, Circuit Judges.

WINTER, Circuit Judge.

Thomas J. DeSimone appeals from the sentence imposed following a guilty plea before Judge Kaplan. On December 17, 2001, DeSimone pleaded guilty to three counts of a superseding indictment charging him with conspiring to commit securities fraud, wire fraud, and commercial bribery, in violation of 18 U.S.C. § 371 (1994) (Count One); securities fraud, in violation of 15 U.S.C. §§ 77q(a) and 77x and 18 U.S.C. § 2 (Count Two)...

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