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U.S. v. TUPONE

No. 04-2832.

442 F.3d 145 (2006)

UNITED STATES of America v. Albert TUPONE, Appellant.

United States Court of Appeals, Third Circuit.

March 28, 2006.

Attorney(s) appearing for the Case

Ellen C. Brotman (Argued), Carroll & Brotman, Philadelphia, PA, Norris E. Gelman, Philadelphia, PA, Counsel for Appellant.

Sarah L. Grieb (Argued), Office of United States Attorney, Philadelphia, PA, Counsel for Appellee.

Before SLOVITER, SMITH, and STAPLETON, Circuit Judges.

STAPLETON, Circuit Judge, dissenting.

OPINION OF THE COURT

SMITH, Circuit Judge.

Albert Tupone appeals his felony conviction for making false representations in connection with the receipt of federal workers' compensation benefits, a violation of 18 U.S.C. § 1920. Although Tupone and the Government agree that this case should be remanded for resentencing under the Supreme Court's decision in United States v. Booker, 543...

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