U.S. v. MILNER

No. 97-7605

155 F.3d 697 (1998)

UNITED STATES of America v. Dwight MILNER, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 15, 1998.


Attorney(s) appearing for the Case

David M. Barasch, United States Attorney, George J. Rocktashel (Argued), Assistant United States Attorney, Middle District of Pennsylvania, Williamsport, PA, for Appellee.

Robert H. Bascom, Jr., State College, PA, for Appellant.

Before: BECKER, Chief Judge, STAPLETON, and WEIS, Circuit Judges.


OPINION OF THE COURT

EDWARD R. BECKER, Chief Judge.

This is an appeal from a judgment of the district court imposing a sentence of 188-months in prison on defendant Dwight Milner, who pled guilty to a charge of possession with the intent to distribute in excess of 100 grams of heroin pursuant to 21 U.S.C. § 841(a)(1). Milner entered his plea pursuant to a plea agreement with the government in which the government agreed to "recommend the applicable...

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