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U.S. v. CAPANELLI

No. 01 CR. 112(CSH).

270 F.Supp.2d 467 (2003)

UNITED STATES of America, Plaintiff, v. Anthony CAPANELLI, Defendant.

United States District Court, S.D. New York.

July 14, 2003.

Attorney(s) appearing for the Case

James B. Comey, United States Attorney, for the Southern District of New York, Office of the United States Attorney (Matthew L. Biben, Esq., Edward C. O'Callaghan, of counsel), New York City, for Plaintiff.

Edward W. Hayes, Esq. (Rae Koshetz, Esq., of Counsel), New York City, for Defendant.

MEMORANDUM OPINION

HAIGHT, Senior District Judge.

Following a jury trial, defendant Anthony Capanelli was convicted of conspiring to commit armed robbery. At the conclusion of the sentencing hearing conducted on June 16, 2003, the Court ruled from the bench that, inter alia, it would not accept the Probation Department's recommendation expressed in the Pre-Sentence Report ("P.S.R.") that the offense level calculated under the United Sentencing Guidelines...

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