MEMORANDUM & ORDER
GORTON, District Judge.
Defendant Maximo Laryi Herrerra Pena, a.k.a., Emerson Adams ("Pena") is to be sentenced by this Court for the crimes of conspiracy to possess with the intent to distribute and to distribute heroin, in violation of 21 U.S.C. § 846 and 841(a)(1), (b)(1)(B) (Count I), and aiding and abetting in the distribution of heroin, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) and 18 U.S.C. § 2 (Count II...
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