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U.S. v. JOSEPHBERG

Docket No. 05-5282-CR.

459 F.3d 350 (2006)

UNITED STATES of America, Appellant, v. Richard JOSEPHBERG, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 27, 2006.

Attorney(s) appearing for the Case

Stanley J. Okula, Jr., Assistant United States Attorney, New York, New York (Michael J. Garcia, United States Attorney for the Southern District of New York, Katherine Polk Failla, Assistant United States Attorney, New York, New York, on the brief), for Appellant.

Michael T. Sullivan, Valley Stream, New York (Jared J. Scharf, Riconda & Garnett, Valley Stream, New York, on the brief), for Defendant-Appellee.

Before KEARSE, CALABRESI, and POOLER, Circuit Judges.

PER CURIAM.

The United States seeks review of orders of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, dismissing— and denying reconsideration of the dismissal of—one count of a 17-count indictment against defendant Richard Josephberg. The district court granted Josephberg's motion to dismiss Count 16 of the indictment, which charged Josephberg with obstructing and attempting to obstruct the...

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