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U.S. v. SMITH

No. 1:97CR0341.

10 F.Supp.2d 578 (1998)

UNITED STATES of America v. Howard L. SMITH, Jr.

United States District Court, E.D. Virginia, Alexandria Division.

June 22, 1998.

Attorney(s) appearing for the Case

Helen F. Fahey, United States Attorney, Daniel L. Bell, II, Assistant United States Attorney, Alexandria, VA, for Plaintiff.

Robert L. Jenkins, Jr., Pleasant S. Brodnax, III, Brodnax & Jenkins, Alexandria, R. Stanley Powell, Arlington, VA, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

Defendant Howard L. Smith, Jr., is before the Court for sentencing after being found guilty by a jury on February 26, 1998, of two offenses: (i) second-degree murder, in violation of 18 U.S.C. § 1111 and (ii) prisoner possession of a shank, in violation of 18 U.S.C. § 13, assimilating Virginia Code § 53.1-203(4). Among the disputed sentencing issues is whether defendant should be treated as...

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