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U.S. v. FERNANDEZ

Crim. A. No. 89-234-33.

749 F.Supp. 683 (1990)

UNITED STATES of America v. Carlos FERNANDEZ.

United States District Court, E.D. Pennsylvania.

October 12, 1990.

Attorney(s) appearing for the Case

Robert K. Reed, Asst. U.S. Atty., Philadelphia, Pa., for U.S.

Jerry S. Goldman, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

HUTTON, District Judge.

Presently before the court is defendant Carlos Fernandez's ("Fernandez") motion to determine that 21 U.S.C. § 845a(a) does not mandate, in and of itself, the imposition of imprisonment for a first offender and the government's response. For the following reasons, the defendant's motion is GRANTED.

FACTS

Fernandez was indicted in this case on June 14, 1989 for his alleged involvement in the...

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