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FILE - In this Nov. 1, 2013 file photo, Ralph M. Mariano exits federal court in Providence, R.I., after being sentenced to 10 years in prison in a Navy kickback scheme. Mariano has asked the 1st U.S. Circuit Court of Appeals to throw out his sentence. In a court filing Thursday, May 22, 2014, the government argues Mariano is not entitled to a more lenient sentence because after he pleaded guilty, he claimed the crimes never happened. It also says he waived his right to appeal.  (AP Photo/Stew Milne, File)

FILE - In this Nov. 1, 2013 file photo, Ralph M. Mariano exits federal court in Providence, R.I., after being sentenced to 10 years in prison in a Navy kickback scheme. Mariano has asked the 1st U.S. Circuit Court of Appeals to throw out his sentence. In a court filing Thursday, May 22, 2014, the government argues Mariano is not entitled to a more lenient sentence because after he pleaded guilty, he claimed the crimes never happened. It also says he waived his right to appeal. (AP Photo/Stew Milne, File)

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