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U.S. v. CLARK

No. CRIM.4:04 CR 159.

361 F.Supp.2d 502 (2005)

UNITED STATES of America, Appellant, v. Justin R. CLARK, Appellee-Defendant.

United States District Court, E.D. Virginia, Newport News Division.

March 16, 2005.

Attorney(s) appearing for the Case

Lisa Broccoletti, Office of the Federal Public Defender, Norfolk, VA, for Appellant.

Kurt G. Larkin, Office of Staff Judge Advocate, Fort Eustis, VA, for Appellee-defendant.

MEMORANDUM OPINION AND ORDER

DOUMAR, District Judge.

Appellee-Defendant Justin Clark was convicted of driving while intoxicated in a federal enclave under a Virginia statute assimilated as federal law pursuant to the Assimilated Crimes Act. The offense carries a mandatory minimum prison term of twenty days, which the Magistrate Judge who sentenced Clark did not impose. The Government appealed the sentence to this Court contending that the Magistrate...

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