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U.S. v. BROWN

Docket No. 04-3137-CR.

402 F.3d 133 (2005)

UNITED STATES of America, Appellee, v. Kenneth Avery BROWN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 22, 2005.

Attorney(s) appearing for the Case

Timothy W. Hoover, Federal Public Defender's Office, Buffalo, NY, for Defendant-Appellant.

Joseph M. Guerra III, Assistant United States Attorney, for Michael A. Battle, United States Attorney for the Western District of New York, Buffalo, NY, for Appellee.

Before: McLAUGHLIN and SOTOMAYOR, Circuit Judges, and CEDARBAUM, District Judge.

MCLAUGHLIN, Circuit Judge.

Kenneth Avery Brown appeals from a sentence entered in the United States District Court for the Western District of New York (Skretny, J.).

Brown pled guilty to one count of possession with intent to distribute and distribution of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). The court sentenced Brown to seventy months' imprisonment, followed by...

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