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U.S. v. TREMBLE

No. 90-5146.

933 F.2d 925 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Milton TREMBLE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 17, 1991.

Attorney(s) appearing for the Case

Charles M. Wishna, Asst. Federal Public Defender, Paul M. Korchin, Miami, Fla., for defendant-appellant.

Dexter W. Lehtinen, U.S. Atty., Michael Walleisa, Juan M. Vargas, Linda C. Hertz, Kathleen M. Salyer, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, EDMONDSON, Circuit Judge, and DYER, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

In this appeal we decide whether the sentence-enhancement provisions located at 21 U.S.C. §§ 960(b)(2) & 962(b) apply to a defendant whose prior state conviction is for an offense considered a felony by the state but which would have been a misdemeanor under federal law. Defendant Milton Tremble alternatively challenges the government's interpretation of 21 U.S.C. §§ 960(b)(2) & 962(b) and the constitutionality...

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