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U.S. v. GOFFI

No. 05-3329-CR.

446 F.3d 319 (2006)

UNITED STATES of America, Appellee, v. Charles GOFFI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 4, 2006.

Attorney(s) appearing for the Case

Molly Corbett, Assistant Federal Public Defender (Alexander Bunin, Federal Public Defender for the Northern District of New York, Timothy Austin, Assistant Federal Public Defender, of counsel), Albany, NY, for Defendant-Appellant.

Michael Olmsted, Assistant United States Attorney (Glenn T. Suddaby, United States Attorney for the Northern District of New York, Brenda K. Sannes, Assistant United States Attorney, of counsel), Syracuse, NY, for Appellee.

Before: KEARSE and SACK, Circuit Judges, and STANCEU, Judge.

SACK, Circuit Judge.

BACKGROUND

In November 1999, Charles Goffi entered into a plea agreement in the United States District Court for the Eastern of New York pursuant to which he agreed to plead guilty to a charge of embezzling money from the Federal Aviation Administration in violation of 18 U.S.C. § 641. On May 2, 2000, Goffi was sentenced principally to probation for five years and ordered to pay restitution.

On August 16, 2004, while still...

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