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U.S. v. DAVIS

Nos. 1076, 1233, Dockets 96-1143(L), 96-1204(X).

114 F.3d 400 (1997)

UNITED STATES of America, Appellee-Cross-Appellant, v. Terry DAVIS, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 12, 1997.

Attorney(s) appearing for the Case

Thomas E. Webb, Jr., Williamsville, NY (Richard G. Collins, Buffalo, NY, on the brief), for Defendant-Appellant-Cross-Appellee.

Richard B. Friedman, United States Department of Justice, Appellate Section, Criminal Division, Washington, DC (Patrick NeMoyer, United States Attorney, Christopher A. Buscaligia, Assistant United States Attorney, Western District of New York, Buffalo, NY, on the briefs), for Appellee-Cross-Appellant.

Before: WALKER, PARKER and HEANEY, Circuit Judges.

PER CURIAM:

Defendant, Terry Davis, appeals from a judgment entered on February 9, 1996, by the United States District Court for the Western District of New York (John T. Elfvin, Judge), upon conviction after a jury trial of possession with intent to distribute over five grams of crack cocaine in violation of 21 U.S.C. § 841(a). The court imposed a sentence of 78 months' confinement to be followed by four years' supervised release. Davis challenges his...

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