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U.S. v. DUPRE

Docket Nos. 05-2223-CR(L), 05-2272-CR(CON).

462 F.3d 131 (2006)

UNITED STATES of America, Appellee, v. Roberta DUPRE, Beverly Stambaugh, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 6, 2006.

Attorney(s) appearing for the Case

Colleen P. Cassidy, Federal Defenders of New York, Inc., New York, NY, for Defendant-Appellant Roberta Dupre.

Denis Kelleher, Kelleher & Dunne, LLP, New York, NY, for Defendant-Appellant Beverly Stambaugh.

Bret R. Williams, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Katherine Polk Failla, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before CABRANES, SOTOMAYOR, and RAGGI, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

We consider here a claim of a prejudicial variance from an indictment for wire fraud under 18 U.S.C. § 1343 and the role a victim's religion may play in a sentencing judge's application of United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") § 3A1.1 (b) (authorizing increased sentences for those committing crimes against a "vulnerable victim").

Defendants Roberta Dupre and Beverly Stambaugh appeal...

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