Charles P. Kelly ( Peter A. Norling , on the brief), Assistant United States Attorneys, for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, New York, for Appellee.
Before CABRANES, POOLER, and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
REENA RAGGI, Circuit Judge:
This case comes before us on remand from the Supreme Court. See Bailey v. United States, ___ U.S. ___, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013). Defendant Chunon L. Bailey was convicted on August 23, 2007, after a jury trial in the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge), of (1) possession of five grams or more of cocaine base with intent to...
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