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U.S. v. SMITH

No. 91 CR 385 (KMW).

824 F.Supp. 420 (1993)

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

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

As Amended August 19, 1993.

Attorney(s) appearing for the Case

Allen D. Applbaum, Asst. U.S. Atty., Mary Jo White, 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 asserts that his Sixth Amendment right to counsel and his Fifth Amendment rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) were violated during the pre-indictment plea negotiation process. Defendant also asks this court to reconsider its previous decision that 21 U.S.C. § 845a(a), which provides enhanced penalties...

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