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U.S. v. WHITE

No. 00-1113.

240 F.3d 127 (2001)

UNITED STATES of America, Appellee, v. Samuel O. WHITE, Defendant, Luis Noel Cruz, aka Danny Cruz, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: February 13, 2001.

Corrected: February 14, 2001.

Attorney(s) appearing for the Case

Darrell B. Fields, Legal Aid Society, Federal Defender Division Appeals Bureau, New York, NY, for Appellant.

Thomas S. Duszkiewicz, Assistant United States Attorney, for Denise E. O'Donnell, United States Attorney for the Western District of New York, Buffalo, New York, for Appellee.

Before: SACK, SOTOMAYOR, KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

Luis Noel Cruz appeals from a final judgment of conviction entered on January 27, 2000, in the United States District Court for the Western District of New York (Arcara, Judge). He argues that: (1) his convictions for drug distribution under 21 U.S.C. § 841(a) must be dismissed as lesser included offenses of his convictions for drug distribution within 1000 feet of a school under 21 U...

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