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U.S. v. AMATO

Docket No. 02-1603.

356 F.3d 216 (2004)

UNITED STATES of America, Appellee, v. Baldassare AMATO, Kevin Antinuche, Massimo Buscemi, Salvatore Chiaramonte, Giovanni D'Aleo, Joseph D'Aleo, Riccardo Fenoaltea, Filippo Fiordilino, Frank Guidice, Robert Iacobelli, Zaim Kolar, Tudor Moga, Vincent Moreno, Salvatore Pugliese, Vincenzo Anthony Sciacca, Florian Stoica, Brian Turk, Defendants. Joseph O'Kane, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 21, 2004.

Attorney(s) appearing for the Case

James E. Neuman, Mischel, Neuman, & Horn, P.C. New York, NY, for Defendant-Appellant.

Barbara Underwood, Assistant United States Attorney for the Eastern District of New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief, Tracy Lee Dayton, David C. James, Assistant United States Attorneys, of counsel), New York, NY, for Appellee.

Before: FEINBERG, WESLEY, Circuit Judges and PAULEY, District Judge.

PER CURIAM.

Defendant appeals from the October 8, 2002 judgment of the United States District Court for the Eastern District of New York (Johnson, J.). He raises a number of issues on appeal all of which, save one, are addressed in a summary order issued contemporaneously with this decision. We assume familiarity of the facts and recite only those that relate to defendant's remaining contention — whether the...

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