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U.S. v. WALLACE

No. 11-1969.

663 F.3d 177 (2011)

UNITED STATES of America v. Steven I. WALLACE, Appellant.

United States Court of Appeals, Third Circuit.

Filed: December 6, 2011.

Attorney(s) appearing for the Case

James V. Wade, Esq. , Ronald A. Krauss, Esq. , Asst. Federal Public Defender—Appeals, Harrisburg, PA, Counsel for Appellant.

Peter J. Smith, Esq. , Stephen R. Cerutti II, Esq. , United States Attorney's Office, Middle District of Pennsylvania, Harrisburg, PA, Counsel for Appellee.

Before: HARDIMAN, BARRY, and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

I. Background

Steven Wallace pleaded guilty to criminal conspiracy to distribute and possess with intent to distribute marijuana in violation of 21 U.S.C. § 846. The District Court sentenced him to 70 months of imprisonment. Wallace appeals his sentence, arguing that the District Court committed procedural error by classifying a crime he committed at the age of sixteen as a "prior felony conviction...

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