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U.S. v. SMITH

No. 91 CR. 385 (KMW).

785 F.Supp. 52 (1992)

UNITED STATES of America, Plaintiff, v. Marvin SMITH, Defendant.

United States District Court, S.D. New York.

March 3, 1992.

Attorney(s) appearing for the Case

Allen Applbaum, Asst. U.S. Atty., Otto G. Obermaier, U.S. Atty., New York City, for plaintiff.

Roger J. Bernstein, Bernstein & Milner, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

KIMBA M. WOOD, District Judge.

Defendant is to be sentenced under 21 U.S.C. § 845a(a) ["§ 845a(1)"]. The Government urges this Court to adopt an interpretation of § 845a(a) that requires the Court to sentence a defendant to a term of imprisonment. Defendant maintains that, given the plain meaning of the statute, a prison term is not required. For the reasons stated below, this Court concludes that § 845a(a...

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