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U.S. v. MARTINEZ-ZAYAS

Nos. 87-1749, 87-1756 and 88-5143.

857 F.2d 122 (1988)

UNITED STATES of America, Appellant in 87-1756 and Petitioner in 88-5143, v. Angelita MARTINEZ-ZAYAS a/k/a "Carmen Lopez", Appellant in 87-1749 and Respondent in 88-5143, The Honorable Clarence C. Newcomer, Nominal Respondent in 88-5143.

United States Court of Appeals, Third Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Jeffrey L. Staniels (argued), Defender Association of Philadelphia, Federal Courts Div., Philadelphia, Pa., for appellant-cross-appellee, Angelita Martinez-Zayas.

Frederick G. Herold (argued), U.S. Atty. Office, Philadelphia, Pa., for appellee-cross-appellant, U.S.

Before SLOVITER, SCIRICA and WEIS, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

When it enacted the Anti-Drug Abuse Act of 1986, Congress provided that any person convicted of an offense under 21 U.S.C. § 841(a) (1982) involving more than five kilograms of cocaine "shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life ..." without parole. See id. § 841(b)(1)(A) (1986 Supp.). Cross-appellant Angelita Martinez-Zayas was convicted...

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