101 F.3d 684
UNITED STATES of America, Appellant-Cross-Appellee,
Mario CHALARCA, Defendant-Appellee-Cross-Appellant.
Nos. 96-1171, 96-1200.
United States Court of Appeals, Second Circuit.
May 15, 1996.
NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.
APPEARING FOR APPELLANT: Daniel C. Becker, Assistant United States Attorney for the Southern District of New York, New York, NY.
APPEARING FOR APPELLEE: Alan E. Kudisch, Kew Gardens, NY.
Present: MESKILL, MINER, Circuit Judges, SCULLIN, JR.,* District Judge.
The mandate shall issue forthwith. A written opinion will follow.
The Honorable Frederick J. Scullin, Jr. of the United States District Court for the Northern District of New York, sitting by designation