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U.S. v. MITCHELL

No. 96-1605.

122 F.3d 185 (1997)

UNITED STATES of America v. Amanda MITCHELL, aka Amanda Foster, Amanda Mitchell, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 9, 1997.

Attorney(s) appearing for the Case

Steven A. Morley (Argued), Philadelphia, PA, for Appellant.

Barbara L. Miller (Argued), Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: SLOVITER, Chief Judge, ROTH and MICHEL, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This appeal by Amanda Mitchell, who pled guilty to engaging in a conspiracy to distribute cocaine, raises an issue of first impression for this court, namely, whether a criminal defendant who pleads guilty to distributing cocaine but reserves the right to contest the amount of cocaine for which she should be held responsible has a Fifth Amendment right not to testify during sentencing.

I.

Mitchell...

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