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LOVE v. MENIFEE

Docket No. 01-2192.

333 F.3d 69 (2003)

Ronald LOVE, Petitioner-Appellant, v. Fredrick MENIFEE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 16, 2003.

Attorney(s) appearing for the Case

George W. Galgano, Jr., Esq., Galgano & Sullivan, White Plains, NY, for Petitioner-Appellant.

Virginia L. Chavez, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney for the Southern District of New York, Gary Stein, Assistant United States Attorney for the Southern District of New York, of counsel), New York, NY, for Respondent-Appellee.

Before: FEINBERG and SACK, Circuit Judges, and MURTHA, District Judge.

BACKGROUND

SACK, Circuit Judge.

In 1994, petitioner Ronald Love was convicted by a jury in the United States District Court for the Southern District of New York of conspiring to distribute and possess with intent to distribute heroin, cocaine, and cocaine base in violation of 21 U.S.C. §§ 841 and 846. (He was acquitted of two other charges.) At the time of Love's trial, it was the law of this Circuit that drug quantity was a sentencing factor...

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