United States v. Cary F. Cimino

WALKER, Chief Judge.

Defendant-appellant Cary Cimino appeals from a judgment of conviction entered against him on October 2, 2002 in the United States District Court for the Southern District of New York (William H. Pau-ley III, Judge) following his plea of guilty to racketeering activity under 18 U.S.C. § 1962(c) and (d). He argues that the district court erred in declining to sentence him according to the terms of his plea agreement, and that his counsel provided ineffective assistance by encouraging him to accept and then breach that plea agreement. For the reasons that follow, we affirm.

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