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U.S. v. SMITH

Docket No. 99-1589.

215 F.3d 237 (2000)

UNITED STATES of America, Appellant, v. Damon SMITH, a/k/a Shorty, Defendant-Appellee, Eric L. Smith, a/k/a Dog, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 25, 2000.

Attorney(s) appearing for the Case

Barbara D. Cottrell, Assistant United States Attorney, Northern District of New York, Albany, N.Y. (Daniel J. French, United States Attorney, Paul D. Silver, Assistant United States Attorney, Northern District of New York, Albany, NY, of counsel), for Appellant.

Jonathan Bach, Federal Defender Division, Legal Aid Society of New York, New York, NY, for Appellee.

Before: MESKILL and CABRANES, Circuit Judges, and TELESCA, District Judge.

PER CURIAM.

On appeal from re-sentencing, the government argues that the United States District Court for the Northern District of New York, Scullin, J., should have applied a two-level sentence enhancement pursuant to U.S.S.G. § 2D1.1(b)(1) for possession of a weapon in connection with a narcotics offense. The government argues that the district court clearly erred in finding that it was unclear whether defendant-appellee Damon Smith lived in the residence...

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