U.S. v. BENNETT

No. 95-2079.

100 F.3d 1105 (1996)

UNITED STATES of America, v. Roy Terry BENNETT, aka Terry King, Roy Terry Bennett, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 19, 1996.


Attorney(s) appearing for the Case

Elaine DeMasse (Argued), Assistant Defender Senior Appellate Counsel, Robert Epstein (Argued), Maureen Kearney Rowley, Chief Federal Defender, Defender Association of Philadelphia Federal Court Division, Philadelphia, PA, for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney Chief of Appeals, Thomas H. Suddath, Jr., Howard L. Perzan (Argued), Assistant United States Attorney, Philadelphia, PA, for Appellee.

Before: STAPLETON and NYGAARD, Circuit Judges, and MAZZONE, District Judge.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

Roy Terry Bennett appeals from a sentence imposed by the district court. He contends that the district court erred in sentencing him as an armed career criminal under 18 U.S.C. § 924(e) and in assuming that the cocaine base involved in his offense was crack cocaine. Bennett also claims that the district court improperly delegated to the probation officer matters concerning payment of the fine imposed as...

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