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eBook details

• Title: United States v. Uccio
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 15, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

KEARSE, Circuit Judge Defendant Nicholas Uccio appeals from a judgment entered in the United States District Court for the Southern District of New York, Michael B. Mukasey, Judge, convicting him on one count of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2 (1988), and one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371 (1988), following a remand from this Court for resentencing, see United States v. Uccio, 917 F.2d 80 (1990) (""Uccio I""). On remand, Uccio was sentenced principally to consecutive prison terms of 60 months on the conspiracy count and 12 months on the substantive wire fraud count, to be followed by a three-year period of supervised release; he was also ordered to pay restitution to the victim of the fraud. The 72-month total prison term was an upward departure from the 51- to 63-month range indicated by the federal Sentencing Guidelines (""Guidelines""). On appeal, Uccio contends that this departure from the Guidelines range was improper principally because (1) the district court relied on a ground it had eschewed in its initial sentencing, and (2) the ground of the departure was impermissible because the conduct on which it was based could not have supported a federal conviction if prosecuted separately. For the reasons below, we reject Uccio's contentions and affirm the judgment. I. BACKGROUND

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