United States v. Michael Lovaglia, Martin Clune and Peter Pavlisak
Court of Appeals for the Second Circuit
1Opinion of the Court
FEINBERG, Circuit Judge:
Michael Lovaglia, Martin Clune and Peter Pavlisak appeal from the sentences imposed upon them by the United States District Court for the Northern District of New York, Thomas J. McAvoy, J. Appellants challenge Judge McAvoy’s refusal to recuse himself from the sentencing proceedings. Appellants also claim that the inclusion in their presentence reports of allegations to which they did not specifically plead violated their plea agreements. Appellants ask that the case be remanded for resentencing by a different judge, with a direction that the challenged portions of the…
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