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U.S. v. FAGGE

No. 498, Docket 96-1287.

101 F.3d 232 (1996)

UNITED STATES of America, Appellee, v. Mohammed FAGGE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 25, 1996.

Attorney(s) appearing for the Case

Henriette D. Hoffman, Legal Aid Society, Federal Defender Division Appeals Bureau, New York City, for Defendant-Appellant.

Matthew Fishbein, Assistant United States Attorney, Southern District of New York, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Jennifer L. Borum, Craig A. Stewart, Assistant United States Attorneys, of counsel), for Appellee.

Before OAKES, VAN GRAAFEILAND, and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This appeal principally concerns the interaction of a proffer agreement and a subsequent plea agreement. Mohammed Fagge appeals from Judge Baer's sentence of 41 months incarceration, followed by four years of supervised release and a $50 special assessment. The sentence was imposed after Fagge pleaded guilty to possession with intent to distribute heroin in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(B). Appellant challenges...

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