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UNITED STATES v. NELSON

Criminal Action No. 2:05cr114.

417 F.Supp.2d 773 (2006)

UNITED STATES of America v. James Randy NELSON, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

March 3, 2006.

Attorney(s) appearing for the Case

James Ashford Metcalfe, United States Attorney's Office, Norfolk, VA, for Plaintiff.

Frank W. Dunham, Jr., Office of the Public Defender, Alexandria, VA, for Defendant.

OPINION AND ORDER

KELLEY, District Judge.

Defendant James Randy Nelson pled guilty to Possession of "Crack" Cocaine with Intent to Distribute and to Possession of "Powder" Cocaine with Intent to Distribute, both in violation of 21 U.S.C. § 841(a)(1). Proper application of the Sentencing Guidelines recommends a custody range of 87 to 108 months. The United States, however, contends that 21...

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