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U.S. v. DAVIS

No. 02-1569.

326 F.3d 361 (2003)

UNITED STATES of America, Appellee, v. Leon DAVIS, also known as Flash, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 22, 2003.

Attorney(s) appearing for the Case

Rosemary Nidiry, Assistant United States Attorney, (Laura Grossfield Birger, Assistant United States Attorney, of counsel) for James B. Comey, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Theodore S. Green, Green & Willstatter, White Plains, NY, for Defendant-Appellant.

Before: NEWMAN, POOLER, KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

Defendant-appellant Leon Davis was convicted, following a jury verdict, in the Southern District of New York (Colleen McMahon, Judge) of distributing and possessing with intent to distribute five grams or more of a substance containing a detectable amount of "crack" cocaine, in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(B). At trial, the government offered a videotape of a controlled narcotics buy in which Davis sold...

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