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COMMONWEALTH v. MOHAMUD

No. 259 WDA 2010

15 A.3d 80 (2010)

COMMONWEALTH of Pennsylvania, Appellee v. Abdirisak MOHAMUD, Appellant.

Superior Court of Pennsylvania.

Filed December 6, 2010.

Attorney(s) appearing for the Case

Leland C. Clark , Butler, for appellant.

Richard A. Goldfinger , Assistant District Attorney, Benjamin A. Simon , Assistant District Attorney, Butler, for Commonwealth, appellee.

BEFORE: MUSMANNO, DONOHUE and OTT, JJ.

OPINION BY DONOHUE, J.:

Appellant, Abdirisak Mohamud ("Mohamud"), appeals from the trial court's January 14, 2010 sentence imposing 246 to 492 days of imprisonment, followed by two years of probation for possession with intent to deliver a controlled substance.1 Mohamud challenges Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act ("the Act"),2 35 P.S. § 780-101—

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