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U.S. v. GIOVANELLI

Docket No. 04-5763-CR.

464 F.3d 346 (2006)

UNITED STATES of America, Appellee, v. Federico GIOVANELLI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 27, 2006.

Attorney(s) appearing for the Case

John M. Hillebrecht, Assistant United States Attorney, for Michael J. Garcia, United States Attorney for the District of New York (Celeste L. Koeleveld, of counsel), for Appellee.

Vivian Shevitz (Jane Simkin Smith, of counsel), South Salem, N.Y., for Defendant-Appellant.

Before CALABRESI, POOLER, and B.D. PARKER, Circuit Judges.

PER CURIAM.

This case requires us, inter alia, to resolve a question on which a panel of this Court has yet to speak, namely, whether United States Sentencing Guidelines ("U.S.S.G.") § 2J1.2 should apply to a conviction for obstruction of justice under 18 U.S.C. § 1503 where the conviction is based, not on actual obstruction, but rather on an "endeavoring" theory. That is, should U.S.S.G. § 2J1.2 —...

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