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U.S. v. FRISBY

No. 99-2288.

258 F.3d 46 (2001)

UNITED STATES of America, Appellee, v. Norman E. FRISBY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 6, 2001.

Attorney(s) appearing for the Case

Donald C. Lockhart, Assistant United States Attorney, Margaret E. Curran, United States Attorney and Mary E. Rogers, Assistant United States Attorney on brief for appellee.

Richard F. Comenzo on brief for appellant.

Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

As a result of three heroin transactions over several weeks in which Norman Frisby sold 0.8 grams of heroin, he was sentenced (after his guilty plea) to 151 months, or more than 12 years imprisonment. The lengthy sentence resulted from the district court's finding that Frisby was a career offender, based on at least two (in fact, five) prior state convictions for distribution of heroin. Frisby says he is a drug addict. If Frisby had not been...

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