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U.S. v. POWELL

Docket Nos. 04-0619-CR(L), 04-1491(XAP).

404 F.3d 678 (2005)

UNITED STATES of America, Appellee-Cross-Appellant, v. Justin D. POWELL, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 13, 2005.

Attorney(s) appearing for the Case

Lisa A. Peebles, Assistant Federal Public Defender, Syracuse, N.Y. (Alexander Bunin, Federal Public Defender, Melissa A. Tuohey, Assistant Federal Public Defender, Syracuse, NY, of counsel), for Defendant-Appellant-Cross-Appellee.

John Katko, Assistant United States Attorney, Northern District of New York, Syracuse, N.Y. (Glenn T. Suddaby, United States Attorney, Elizabeth S. Riker, Deputy Appellate Chief, Office of the United States Attorney, Northern District of New York, Syracuse, NY, of counsel), for Appellee-Cross-Appellant.

Before: MESKILL, SACK and B.D. PARKER, Circuit Judges.

MESKILL, Circuit Judge.

A defendant who is convicted of a drug offense involving fifty or more grams of crack cocaine and who has two or more prior felony drug convictions is subject to a mandatory minimum sentence of life imprisonment. In this appeal, we are required to determine what constitutes "two or more" felony drug convictions. The United States District Court for the Northern District of New York, Hurd, J., determined that Justin Powell's two previous...

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