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U.S. v. GARDNER

No. 1:07CR00028.

534 F.Supp.2d 655 (2008)

UNITED STATES of America. v. Demetrius Tyrone GARDNER, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

February 19, 2008.

Attorney(s) appearing for the Case

Zachary T. Lee, Assistant United States Attorney, Abingdon, VA, for United States.

Daniel R. Bieger, Copeland & Bieger, P.C., Abingdon, VA, for Defendant.

OPINION

JAMES P. JONES, Chief Judge.

The question in this case is whether the defendant has two prior convictions for a felony drug offense within the meaning of 21 U.S.C.A. § 841(b)(1)(A) (West 1999 & Supp.2007), thus requiring that he be sentenced to life imprisonment. My analysis of the facts and the legal precedent convinces me that he has only one such conviction within the meaning of the statute and thus a sentence of life imprisonment is...

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