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U.S. v. Gigante, No. CR 93-368 JBW (E.D.N.Y.) (996 F.Supp. 194) (January 5, 1998) (Judge Jack B. Weinstein)

Here Judge Weinstein examined in detail the requirements of 18 USC ยง4241(a) and (d) as it applies to sentencing hearings and concluded that evidence of malingering warranted the conclusion that the defendant was competent to be sentenced.

 

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