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U.S. v. ACOFF

No. 10-285-cr.

UNITED STATES OF AMERICA, Appellant v. JOSHUA ACOFF, Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 9, 2011.

Attorney(s) appearing for the Case

Brian P. Leaming , Assistant United States Attorney, and Sandra S. Glover , Assistant United States Attorney (of counsel), for David B. Fein, United States Attorney for the District of Connecticut, for Appellant.

Thomas G. Dennis , Federal Defender, Sarah A.L. Merriam , Assistant Federal Defender, Hartford, Connecticut, for Appellee.

Before: CALABRESI, and LYNCH, Circuit Judges, MURTHA, District Judge.

PER CURIAM.

Appellee Joshua Acoff pled guilty to possessing five or more grams of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841. Although the district court accepted Acoff's plea of guilty to that offense, it declined to sentence him pursuant to Section 841(b)(1)(B), the penalty provision that covers the conduct charged in the indictment and admitted to by Acoff. In lieu of the sixty-month sentence mandated by the statute, the district...

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