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U.S. v. KENNEDY

No. 11-1145.

682 F.3d 244 (2012)

UNITED STATES of America, Appellant v. Douglas KENNEDY.

United States Court of Appeals, Third Circuit.

Filed: June 15, 2012.

Attorney(s) appearing for the Case

Paul J. Fishman , United States Attorney, Mark E. Coyne , Assistant United States Attorney, John F. Romano , Assistant United States Attorney, Office of the United States Attorney, Newark, NJ, for Appellant.

Michael N. Pedicini, Esquire , Morristown, NJ, for Appellee.

Before: RENDELL, FISHER, and CHAGARES, Circuit Judges.

OPINION

CHAGARES, Circuit Judge.

The United States appeals the decision of the District Court to vacate and merge several of Douglas Kennedy's counts of conviction. A jury convicted Kennedy in July 2004 of crimes related to his possession with intent to distribute narcotics and his possession of two handguns. At the initial sentencing, the District Court granted Kennedy's motion for a new trial with respect to four counts of conviction. We reversed on appeal...

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