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U.S. v. OUTEN

Docket No. 97-1103.

286 F.3d 622 (2002)

UNITED STATES of America, Appellee, v. Leroy S. OUTEN; Rodney D. Smith; Sheldon Wilford; Donald Gordon; Euton Christian; Tyrone McFadden, Defendants, Herbie Noel, aka "Wayne", Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 12, 2002.

Attorney(s) appearing for the Case

David I. Schoen, Montgomery, AL, for the appellant.

Susan Corkery, Assistant United States Attorney, Brooklyn, NY (David C. James, Stephen C. King, Assistant United States Attorneys, on the brief), for Loretta E. Lynch, United States Attorney for the Eastern District of New York, for the appellee.

Before: McLAUGHLIN and SOTOMAYOR, Circuit Judges, and BERTELSMAN, District Judge.

SOTOMAYOR, Circuit Judge.

Defendant Herbie Noel appeals from a judgment of conviction entered by the United States District Court for the Eastern District of New York (Frederic Block, Judge) on two counts of possession of marijuana with intent to distribute, for each of which defendant was principally sentenced to 60 months' imprisonment, and one count of conspiracy to possess with intent to distribute marijuana, for which he was sentenced principally to 110...

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