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U.S. v. FRAMPTON

No. 02-1512(L), 02-1656, 02-1678(XAP).

382 F.3d 213 (2004)

UNITED STATES of America, Appellant-Cross-Appellee, v. Marion T. FRAMPTON, Defendant-Appellee-Cross-Appellant, Latique Johnson, also known as "John", Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 1, 2004.

Attorney(s) appearing for the Case

David M. Grable, Assistant United States Attorney for the Northern District of New York (Glenn T. Suddaby, United States Attorney, William C. Pericak, Assistant United States Attorney, on the brief), Albany, NY, for Appellant-Cross-Appellee.

Andrew D. Greene, Lake Success, NY, for Defendant-Appellee-Cross-Appellant.

Craig P. Schlanger, Syracuse, NY, for Defendant-Appellee.

Before: WINTER, STRAUB, and LAY, Circuit Judges.

LAY, Circuit Judge.

Marion T. Frampton and Latique Johnson were indicted on several counts stemming from their involvement in the attempted murder of Michael Johnson (a.k.a."Henry"), the leader of a crack cocaine enterprise operating out of a residence located at 41 Ingalls Avenue, Troy, New York ("41 Ingalls" or the "41 Ingalls enterprise").

A. The Proceedings Below

On January 30, 2002, a federal grand jury returned a multi-count indictment...

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