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U.S. v. TRUSCELLO

Docket No. 97-1404.

168 F.3d 61 (1999)

UNITED STATES of America, Appellee, v. Dominick TRUSCELLO; John Gammarano; Salvatore Lombardi; Barry Nichilo; Gaetano Vastola; Manny Garafolo; Steven Long, Defendants, Steven Crea, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

Bridget M. Rohde, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney, Eastern District of New York, Brooklyn, NY, Emily Berger, Assistant United States Attorney, Brooklyn, NY, on brief), for Appellee.

Paul A. Victor, New York City (Dublirer, Haydon, Straci & Victor, New York City, Flora Edwards, New York City, of Counsel, Betty M. Crea, New York City, of Counsel, on brief), for Defendant-Appellant.

Before: KEARSE, Circuit Judge, CASEY and POLLACK, District Judges.

CASEY, District Judge:

PRELIMINARY

Steven Crea appeals from the district court's denial of his motion to resettle his sentence to delete certain conditions of his supervised release that were listed in a written Judgment and Commitment Order (the "J & C") after his oral sentence was imposed. Crea argues, inter alia, that under Federal Rule of Criminal Procedure 43, his oral sentence should control because the J & C contained additional conditions...

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