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U.S. v. ZILLGITT

Docket No. 00-1421.

286 F.3d 128 (2002)

UNITED STATES of America, Appellee, v. James ZILLGITT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 4, 2002.

Attorney(s) appearing for the Case

David G. Secular, Assistant Federal Public Defender, Syracuse, NY (Alexander Bunin, Federal Public Defender, Syracuse, NY, on the brief), for Defendant-Appellant.

Barbara D. Cottrell, Assistant United States Attorney, Albany, NY (Joseph A. Pavone, United States Attorney for the Northern District of New York, Syracuse, NY, on the brief), for Appellee.

Before: MINER, McLAUGHLIN, and STRAUB, Circuit Judges.

MINER, Circuit Judge.

Defendant-appellant James Zillgitt appeals from a judgment entered in the United States District Court for the Northern District of New York (Scullin, J.), following a jury trial, convicting him of one count of conspiracy to distribute cocaine and marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to the United States Sentencing Guidelines (the "Guidelines"), the district court set Zillgitt's base offense level...

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