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U.S. v. HUGGINS

No. 05-4054.

467 F.3d 359 (2006)

UNITED STATES of America v. Ulyessie HUGGINS a/k/a Ulyessie Kittrell a/k/a Jay Ulyessie Huggins, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed October 20, 2006.

Attorney(s) appearing for the Case

Todd K. Hinkley, Esq., Office of the United States Attorney, Scranton, PA, Counsel for Appellee.

Jeffrey G. Velander, Esq., Stroudsburg, PA, Counsel for Appellant.

Before SCIRICA, Chief Judge, SLOVITER and BARRY, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

Appellant, Ulyessie Huggins, appeals from an order of the District Court sentencing him to a mandatory minimum term of 120 months imprisonment pursuant to 21 U.S.C. § 841(b)(1)(B). Because we agree with Huggins that the District Court improperly enhanced his sentence under § 841(b)(1)(B) by considering a juvenile adjudication of delinquency under Pennsylvania law to be a "prior conviction," we will vacate...

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