United States v. Thomas L. Monaco
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
The government appeals from Thomas L. Monaco’s sentence, contesting both the district court’s application of, and its downward departure from, the United States Sentencing Guidelines. For the reasons that follow, we will vacate the sentence and remand the cause to the district court.
I
A
The Oxy-Comm Contract
In July 1986, the Department of Defense (“DoD”) awarded Northern Precision Labo- ratones, Inc. (“NPL”) a contract to produce a test set for an aircraft pilot’s oxygen/communications mask (“Oxy-Comm”). Payments were to be made by periodic…
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