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U.S. v. HOWARD

No. 97-CR-327-001 (LEK).

37 F.Supp.2d 174 (1999)

UNITED STATES of America v. Leon HOWARD, Defendant.

United States District Court, N.D. New York.

February 16, 1999.

Attorney(s) appearing for the Case

Hon. Thomas J. Maroney, United States Attorney, James T. Foley U.S. Court-house, Albany, NY, for U.S.

Sprotbery & Swingruber, Delmare, NY (Kent B. Sprotbery, Joshua W. Nesbitt, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

On August 10, 1998, defendant Leon Howard ("Howard") pleaded guilty to conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. § 846. Specifically, Howard pleaded guilty to having participated in the sale of 4.8 grams of cocaine base on March 4, 1997. The question pending is whether the additional 43.5 grams of cocaine and

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