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U.S. v. BRENNAN

Docket No. 03-1367.

395 F.3d 59 (2005)

UNITED STATES of America, Appellee, v. Robert E. BRENNAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 12, 2005.

Attorney(s) appearing for the Case

Edward S. Zas, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, New York, for Defendant-Appellant.

Brian D. Coad, Assistant United States Attorney (David N. Kelley, United States Attorney, Peter G. Neiman, Assistant United States Attorney, on the brief), New York, New York, for Appellee.

Before: WINTER, STRAUB, and LAY, Circuit Judges.

WINTER, Circuit Judge.

Robert E. Brennan appeals from Judge Owen's decision sentencing him to 36 months' imprisonment for criminal contempt, to be served consecutively to appellant's undischarged 110 month sentence for bankruptcy fraud. Appellant argues that the district court erred by: (i) imposing a consecutive rather than a concurrent sentence; (ii) wrongly calculating appellant's Criminal History Category ("CHC"); (iii) departing upwardly from the CHC; (iv) sentencing...

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