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U.S. v. McCUTCHEN

No. 92-1536.

992 F.2d 22 (1993)

UNITED STATES of America v. Phillip McCUTCHEN, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Thomas A. Bergstrom (argued), Philadelphia, PA, for appellant.

Michael M. Baylson, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Virgil B. Walker (argued), Asst. U.S. Atty., Philadelphia, PA, for appellee.

Before BECKER, GREENBERG and WEIS, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Phillip McCutchen appeals from a judgment in a criminal case in which he was convicted of possession with intent to distribute nine grams of cocaine base (crack), in violation of 21 U.S.C. § 841(a)(1), and of distributing nine grams of crack within one thousand feet of an elementary school, in violation of 21 U.S.C. § 860.1 McCutchen was arrested with 119 vials of a chunky...

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