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U.S. v. HAIRSTON

No. CR.A. 3:00CR24-02.

152 F.Supp.2d 894 (2001)

UNITED STATES of America, Plaintiff, v. Arthur Lee HAIRSTON, Jr., Defendant.

United States District Court, N.D. West Virginia, Martinsburg Division.

June 21, 2001.

Attorney(s) appearing for the Case

Elgine H. McArdle, McArdle Law Offices, Wheeling, WV, for Arthur Lee Hairston.

Arthur Lee Hairston, Jr., Martinsburg, WV, pro se.

Thomas O. Mucklow, AUSA, Martinsburg, WV, for United States.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S OBJECTION TO THE PRESENTENCE REPORT

BROADWATER, District Judge.

During the May 14, 2001 sentencing hearing, the Court heard arguments concerning the defendant's objection to the Presentence Report. The objection presented the following issue of law: whether the sentencing court can consider a defendant's juvenile record in calculating the defendant's criminal history which, under state law at the time...

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