United States of America, Appellant-Cross-Appellee v. Jack J. Minicone, Jr., Also Known as Jake, Defendant-Appellee-Cross-Appellant

PIERCE, Circuit Judge:

The government appeals from an amended judgment of conviction, imposed on June 5, 1992, in the United States District Court for the Northern District of New York, Munson, Judge, which sentenced Jack J. Minicone, Jr. to 379 months’ imprisonment, three years’ supervised release and ordered him to pay a special assessment of $100. 1

For the reasons set forth below, we vacate the judgment of the district court and remand for resentencing in accordance with this opinion.

BACKGROUND

The extensive factual background of this case is set forth in our previous opinion, United States…