U.S. v. HERNANDEZ

No. 99-5577.

218 F.3d 272 (2000)

UNITED STATES of America, v. Charles M. HERNANDEZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 29, 2000.


Attorney(s) appearing for the Case

Andrew E. Anselmi (Argued), McCusker, Anselmi, Rosen, Carvelli & Walsh, Chatham, NJ, Counsel for Appellant.

Robert J. Cleary, United States Attorney, George S. Leone Chief, Appeals Division, Elizabeth Scott Ferguson (Argued), Assistant United States Attorney, Newark, NJ, Counsel for Appellee.

Before BECKER, Chief Judge, ROTH and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal primarily raises a troublesome question arising out of the Government's efforts to curb criminal recidivism. The defendant, Charles M. Hernandez, pleaded guilty to a one-count indictment charging him and others with conspiracy to distribute more than 500 grams of cocaine. Thereafter, the Government sought to enhance his sentence pursuant to U.S.S.G. § 4B1.1, the career offender provision of the...

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