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01-076 - USA v. Hanna, et al


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01-076 - USA v. Hanna, et al
October 23, 2008
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MEMORANDUM OF DECISION AND ORDER Re: Fatico Hearing as to THOMAS FEDE - Initially, the Court notes that it afforded an opportunity to the defendant to request a Fatico Hearing on this issue, which, apparently, the defendant's counsel declined to do. However, it now appears that the defendant's counsel declined to do. However, it now appears that defendant's counsel is again raising this factual issue. Therefore, the Court will again offer the defendant the opportunity to have a Fatico Hearing on this issue. Accordingly counsel for the defendant is directed to respond in writing within five days from the date of this order as whether he requests a Fatico Hearing on this single factual issue. If no such request is received within five days of the date of this Order, the Judgment of Conviction will entered on the terms set forth at the sentencing on 10/17/08. See "Decision" for further details." (Signed by Senior Judge Arthur D. Spatt on 10/23/08). (Coleman, Laurie)