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U.S. v. SMITH

No. 93-6166-CR.

856 F.Supp. 665 (1994)

UNITED STATES of America, Plaintiff, v. Freddie Lee SMITH, Defendant.

United States District Court, S.D. Florida.

June 14, 1994.

Attorney(s) appearing for the Case

Albert Z. Levin, Miami, FL, for defendant.

Kendall Coffey, U.S. Atty., Steven A. Tyrrell, Asst. U.S. Atty., Miami, FL, Thomas E. Zehnle, Trial Atty., U.S. Dept. of Justice, Washington, DC, for plaintiff.

MEMORANDUM OPINION REGARDING USE OF PRIOR CONVICTION FOR SENTENCE ENHANCEMENT PURPOSES

HIGHSMITH, District Judge.

This cause came before the Court for sentencing of Defendant Freddie Lee Smith on May 26, 1994. At the sentencing hearing, Smith objected to the government's notice of enhancement on the basis that one of the two convictions listed on the notice did not qualify for enhancement purposes. The Court recessed the hearing to give the parties...

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