SOTOMAYOR, Circuit Judge:
Defendant-appellant Elbert L. Sturdivant appeals from a judgment entered on January 27, 2000 by the United States District Court for the Western District of New York (Skretny, J.) convicting him after a jury trial of one count of possessing and distributing cocaine base. The court imposed a sentence of 63 months' imprisonment.
Defendant claims that he suffered prejudice by being convicted and sentenced based upon a count that...
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