Opinion
WYZANSKI, Senior District Judge.
The jury returned against Mark I. Tebha a verdict of guilty on Count 1 of an indictment charging him with having unlawful possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(b)(1)(A). That statute purports to establish as a maximum penalty in the case of a first offender—which is the situation of Tebha— imprisonment for 15 years and...
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