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U.S. v. HERMAN

Docket No. 98-1391.

172 F.3d 205 (1999)

UNITED STATES of America, Appellant, v. Wayne HERMAN and Van Talley, Defendants, Raulo Jeffers, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Dan Himmelfarb, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney for the Southern District of New York, Ira M. Feinberg, Assistant United States Attorney, of counsel), for Appellant.

Howard L. Jacobs, New York, N.Y., for Defendant-Appellee.

Before: WALKER, McLAUGHLIN, KEITH, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

In February and April, 1997, Raulo Jeffers sold a little marijuana to an undercover police officer in the Washington Square Park area of lower Manhattan. Both sales were made within 1,000 feet of an elementary school in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(D) & 860, and 18 U.S.C. § 2.

In an unrelated criminal scheme undertaken between April 27 and June 16, 1997, Jeffers also...

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