U.S. v. CLAVIS

Crim. A. No. CR-89-23A.

729 F.Supp. 857 (1990)

UNITED STATES of America v. Oswald O'Brien CLAVIS, et al.

United States District Court, N.D. Georgia, Atlanta Division.

January 29, 1990.


Attorney(s) appearing for the Case

Allen Moye, Asst. U.S. Atty., Atlanta, Ga., for U.S.

Alan J. Baverman, Atlanta, Ga., for Oswald O'Brien Clavis, et al.


O'KELLEY, Chief Judge.

On November 21, 1989, during the sentencing phase of the captioned case, counsel for the United States argued that under 21 U.S.C. § 845a(a) the court was required to "double" the mandatory minimum sentence otherwise prescribed by 21 U.S.C. § 841(b)(1)(A). After careful consideration, the court rejected counsel's argument and found that such a requirement is not mandated by the language of section 845a. As this determination was one...

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