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U.S. v. MURPHY

No. 135, Docket 92-1208.

979 F.2d 287 (1992)

UNITED STATES of America, Appellant, v. Shawn MURPHY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 5, 1992.

Attorney(s) appearing for the Case

Alex V. Hernandez, Asst. U.S. Atty., District of Connecticut (Albert S. Dabrowski, U.S. Atty., District of Connecticut, of counsel), for appellant.

John M. Andreini, Hartford, Conn. (Dubay & Andreini, Hartford, Conn., of counsel), for defendant-appellee.

Before: LUMBARD, ALTIMARI, and McLAUGHLIN, Circuit Judges.

ALTIMARI, Circuit Judge:

The United States appeals from the sentence imposed on defendant-appellee Shawn Murphy by the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge), following Murphy's conviction for cultivating in excess of 100 marijuana plants after entering a plea of guilty. In sentencing Murphy, the district judge ruled that the five year mandatory minimum sentence required by 21 U.S.C. § 841(b)(1)(B)(vii) violates...

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