U.S. v. PEARSON

No. 1086, Docket 95-1468.

77 F.3d 675 (1996)

UNITED STATES of America, Appellee, v. Joshua PEARSON, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 27, 1996.


Attorney(s) appearing for the Case

Bradley S. Stetler, Stetler & Allen, Burlington, Vermont, for Defendant-Appellant.

Peter W. Hull, Assistant United States Attorney, Burlington, Vermont (Charles R. Tetzlaff, United States Attorney, David V. Kirby, Assistant United States Attorney, of counsel), for Appellee.

Before: OAKES and WINTER, Circuit Judges, and SAND, District Judge.


WINTER, Circuit Judge:

Joshua Pearson appeals from the sentence of 63 months imprisonment and three years supervised release imposed by Judge Billings after Pearson's plea of guilty to conspiracy to distribute heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pearson challenges his sentence on two grounds. First, Pearson argues that the district court improperly deemed a New York conviction for conspiracy in the third degree to be a "controlled substance...

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