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U.S. v. KANE

Docket No. 05-2714-cr.

452 F.3d 140 (2006)

UNITED STATES of America, Appellee, v. Edwin A. KANE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 19, 2006.

June 19, 2006.

Attorney(s) appearing for the Case

Mark D. Hosken, Assistant Federal Defender for the Western District of New York (Jay S. Ovsiovitch, of counsel), Rochester, NY, for Defendant-Appellant.

Stephan J. Baczynski, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, on the brief), Buffalo, NY, for Appellee.

Before MESKILL, STRAUB, and KATZMANN, Circuit Judges.

PER CURIAM.

Defendant-Appellant Edwin A. Kane appeals from a judgment entered in the District Court for the Western District of New York sentencing him principally to 24 months' imprisonment upon a plea of guilty to one count of equity skimming in violation of 12 U.S.C. § 1709-2. He contends that the District Court violated his First Amendment rights by weighing his prior published writings against the mitigating character evidence he offered at sentencing. He...

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