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U.S. v. KERR

Docket Nos. 11-5462-cr(L), 10-3393-cr(con).

752 F.3d 206 (2014)

UNITED STATES of America, Appellee, v. Desmond KERR, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 16, 2014.

Amended: June 18, 2014.

Attorney(s) appearing for the Case

Katherine alfieri , Law Offices of Katherine Alfieri, New York, NY, for Defendant-Appellant Desmond Kerr.

Rajit S. Dosanjh , Assistant United States Attorney ( Ransom P. Reynolds , Assistant United States Attorney, on the brief), for Richard S. Hartunian , United States Attorney for the Northern District of New York, Syracuse, NY, for Appellee United States of America.

Before: KEARSE, PARKER, and HALL, Circuit Judges.

HALL, Circuit Judge:

Defendant-Appellant Desmond Kerr is a Canadian citizen who was arrested by United States customs authorities after they searched his vehicle at the U.S.-Canadian border and discovered thousands of pills containing 3, 4 methylenedioxymethamphetamine ("MDMA"), a Schedule I controlled substance. Kerr was charged with one count of knowingly and intentionally possessing MDMA with intent to distribute, in violation of 18 U.S.C. § 841(a)(1) and...

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