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U.S. v. SMITH

Criminal Action No. 04-17.

630 F.Supp.2d 713 (2007)

UNITED STATES of America v. Joseph SMITH.

United States District Court, E.D. Louisiana.

September 5, 2007.

Attorney(s) appearing for the Case

Brian P. Marcelle, Mark A. Miller, U.S. Attorney's Office, New Orleans, LA, for Plaintiff.

Dane S. Ciolino, Steven L. Lemoine, New Orleans, LA, for Defendant.

ORDER AND REASONS

HELEN G. BERRIGAN, District Judge.

The defendant, JOSEPH SMITH, has moved to strike as a statutory aggravating factor a prior conviction allegedly involving the use of a firearm. For the reasons stated below, the motion is GRANTED.

The Conviction

The government has proposed as a statutory aggravating factor that defendant SMITH was previously convicted of a crime "involving the use or attempted or threatened...

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