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U.S. v. ENG

No. 229, Docket 93-1197.

14 F.3d 165 (1994)

UNITED STATES of America, Appellee, v. Johnny ENG, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 14, 1994.

Attorney(s) appearing for the Case

John L. Pollock, New York City (Susan C. Wolfe, Hoffman & Pollock, on the brief), for defendant-appellant.

Catherine E. Palmer, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., Susan Corkery, Asst. U.S. Atty., Brooklyn, NY & Karen Patton Seymour, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before: NEWMAN, Chief Judge, KEARSE, Circuit Judge, and TENNEY, District Judge.

JON O. NEWMAN, Chief Judge:

This appeal primarily concerns the authorized terms of supervised release for those convicted of drug offenses. The general statute establishing supervised release terms provides that for Class A and Class B felonies, the maximum supervised release term is five years. 18 U.S.C. § 3583(b) (1988). However, the statute establishing drug offense penalties provides that, for offenses above stated minimum quantities, a sentence must include...

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