U.S. v. PONCE

No. 98-1103L, 97-2724CON.

168 F.3d 584 (1999)

UNITED STATES of America, Appellant, v. Gerardo I. PONCE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 22, 1999.


Attorney(s) appearing for the Case

Mary Clare Kane, Assistant United States Attorney, Buffalo, N.Y. (Denise E. O'Donnell, United States Attorney for the Western District of New York, Buffalo, NY, Of Counsel), for Appellant.

Elliot H. Fuld, Bronx, N.Y. (Goldstein, Weinstein & Fuld, Bronx, NY), for Defendant-Appellee.

Before: FEINBERG, VAN GRAAFEILAND and LEVAL, Circuit Judges.


PER CURIAM.

In 1990, the defendant was charged with drug trafficking offenses under 21 U.S.C. § 841(a)(1) et seq. and the related use of a gun under 18 U.S.C. § 924(c) and 2. The defendant made a plea agreement and pled guilty to one count of drug trafficking, as well as to the § 924(c) offense. Judge Curtin then sentenced the defendant to 15 years imprisonment, consisting of the mandatory minimum term of 10 years for the drug trafficking offense...

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