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UNITED STATES v. MALOUF

No. 05-2245.

466 F.3d 21 (2006)

UNITED STATES OF AMERICA, Appellant, v. MICHAEL MALOUF, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 13, 2006.

Attorney(s) appearing for the Case

William D. Weinreb, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Frank J. McGee, on brief, for appellee.

Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office, with whom Miriam Conrad, Federal Public Defender, Districts of Massachusetts, New Hampshire and Rhode Island, was on brief, as amicus curiae in support of appellee.

Before Boudin, Chief Judge, Torruella and Dyk, Circuit Judges.

TORRUELLA, Circuit Judge.

On September 10, 2003, appellee Michael Malouf ("Malouf") was charged in Count One of a two-count indictment with conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine and an unspecified amount of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Section 841(b)(1)(B) imposes upon a defendant with a prior felony conviction a mandatory minimum sentence of ten years for offenses...

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