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U.S. v. SMITH

Docket Nos. 97-1683, 97-1685.

174 F.3d 52 (1999)

UNITED STATES of America, Appellant, v. Damon SMITH, a/k/a "Shorty"; Eric Smith, a/k/a "Dog," Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 31, 1999.

Attorney(s) appearing for the Case

Paul D. Silver, Assistant United States Attorney, Northern District of New York (Thomas J. Maroney, United States Attorney for the Northern District of New York, Albany, NY, of counsel), for Appellant.

F. Stanton Ackerman, Albany, N.Y. (Ackerman, Wachs & Finton, Albany, NY, of counsel), for Appellant Damon Smith.

Renee N. McLaughlin, Albany, NY, for Appellant Eric Smith.

Before: WINTER, Chief Judge, MESKILL and CALABRESI, Circuit Judges.

MESKILL, Circuit Judge:

Appellant, United States of America, appeals from judgments of conviction of the United States District Court for the Northern District of New York, Scullin, J., which sentenced appellee Eric Smith (Eric) to a term of imprisonment of seventy-five months for distribution of crack cocaine in violation of 21 U.S.C. § 841(a)(1) and his brother Damon Smith (Damon) to a term of fifty-seven months for conspiracy to distribute and possess...

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