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  5. 890 F.Supp.2d 248 (2012)
 

U.S. v. MARKS

No. 03-CR-6033L.

890 F.Supp.2d 248 (2012)

UNITED STATES of America, Plaintiff, v. Chad MARKS, Defendant.

United States District Court, W.D. New York.

September 12, 2012.

Attorney(s) appearing for the Case

Robert Marangola, Everardo A. Rodriguez, U.S. Attorney's Office, Rochester, NY, for Plaintiff.

Jillian S. Harrington, Monroe, NJ, Thomas P. Theophilos, Law Offices of Thomas P. Theophilos, Buffalo, NY, Donald M. Thompson, Rochester, NY, for Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Defendant Chad Marks ("Marks") was convicted on multiple counts after a jury trial and was sentenced by the Court principally to a term of forty years imprisonment. The forty-year sentence was the minimum sentence permitted. Marks was convicted of drug trafficking charges, which provided for a ten-year minimum sentence, and two separate counts of possession of a firearm in furtherance of the drug...

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