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U.S. v. DEPIERRE

No. 08-2101.

599 F.3d 25 (2010)

UNITED STATES of America, Appellee, v. Frantz DePIERRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 17, 2010.

Attorney(s) appearing for the Case

Eduardo Masferrer, by appointment of the court, with whom Masferrer & Associates was on brief for appellant.

Randall E. Kromm, Assistant United States Attorney, with whom Michael K. Loucks, Acting United States Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

BOUDIN, Circuit Judge.

After selling drugs on two occasions to a government informant, Frantz DePierre was tried and convicted of distributing cocaine in powder form (in the first sale), 21 U.S.C. § 841(a)(1) (2006), and of distributing 50 grams or more of cocaine base (in the second), id., which carries a ten-year minimum sentence, id. § 841(b)(1)(A)(iii). In reviewing DePierre's appeal, we begin with a brief overview of events, adding details...

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