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U.S. v. MONK

No. 339, Docket 93-1349.

15 F.3d 25 (1994)

UNITED STATES of America, Appellee, v. Jonathan MONK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 24, 1994.

Attorney(s) appearing for the Case

Henriette D. Hoffman, New York City (The Legal Aid Society, Federal Defender Services Appeals Unit, New York City, of counsel), for defendant-appellant.

Katherine M. Choo, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., S.D.N.Y., Nelson W. Cunningham, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before: McLAUGHLIN, JACOBS and REAVLEY, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Defendant Jonathan Monk appeals from a judgment of the United States District Court for the Southern District of New York convicting him, after a jury trial before John E. Sprizzo, Judge, of possessing cocaine base in violation of 21 U.S.C. § 844(a) (Supp. IV 1992). The district court sentenced Monk to 135 months' imprisonment, two years' supervised release, and a $50 special assessment. Monk makes two arguments: (1) while &...

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