WATTERSON v. U.S.

No. 98-1596.

219 F.3d 232 (2000)

Toshia WATTERSON, a/k/a Tasha Toshia Watterson, Appellant v. UNITED STATES of America

United States Court of Appeals, Third Circuit.

Opinion Filed July 10, 2000.


Attorney(s) appearing for the Case

Clayton A. Sweeney, Jr., Argued, Roger Schrading, Krasner & Restrepo, Philadelphia, PA, for Appellant.

J. Alvin Stout, III, Assistant United States Attorney, Office of the United States Attorney, Philadelphia, PA, for Appellee.

Before: ROTH, BARRY and STAPLETON, Circuit Judges.


Submitted Under Third Circuit LAR 34.1(a) March 2, 2000.

OPINION OF THE COURT

BARRY, Circuit Judge.

This appeal primarily requires us to decide whether the District Court erred in sentencing Toshia Watterson as if she had been convicted of, or had stipulated to, distributing a controlled substance within 1000 feet of a school zone, when she had not. We find that the District Court erred in so doing and, accordingly, will vacate the sentence and remand...

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