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U.S. v. BARBOSA

No. CRIM. 98-383.

51 F.Supp.2d 597 (1999)

UNITED STATES of America v. Luis Humberto BARBOSA.

United States District Court, E.D. Pennsylvania.

June 8, 1999.

Attorney(s) appearing for the Case

Judy Goldstein-Smith, Asst. U.S. Atty., United States Attorney's Office, Philadelphia, PA, for U.S.

Mark Wilson, Defender Association of Philadelphia, PA, for defendant.

MEMORANDUM

DALZELL, District Judge.

Two vexing legal problems are at the center of Luis Humberto Barbosa's sentencing calculus. First, should we sentence Barbosa for heroin, the drug that he intended to possess, or for some form of cocaine, which it turned out (to everyone's surprise) that Barbosa actually possessed? Second, if he should be sentenced for some form of cocaine, should Barbosa, who has a prior felony drug conviction, be sentenced under...

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