U.S. v. DeJULIUS

No. 96-2046.

121 F.3d 891 (1997)

UNITED STATES of America, Appellant, v. Michael DeJULIUS, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 5, 1997.


Attorney(s) appearing for the Case

Ewald Zittlau (argued), Office of United States Attorney, Philadelphia, PA, for Appellant.

Brian J. McMonagle (argued), McMonagle, Perri & McHugh, Philadelphia, PA, for Appellee.

Before STAPLETON and LEWIS, Circuit Judges and WALLS, District Judge.


OPINION OF THE COURT

LEWIS, Circuit Judge.

Michael DeJulius pleaded guilty to federal charges relating to a conspiracy to distribute nineteen pounds of methamphetamine. The district court sentenced DeJulius to 70-months imprisonment — 50 months below the mandatory minimum sentence required by 21 U.S.C. § 841(b)(1)(A)(viii) for possession or distribution of 100 grams or more of methamphetamine. The government...

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