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United States v. Sturdivant

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Argued: September 5, 2000

Appeal from a judgment entered on January 27, 2000 by the United States District Court for the Western District of New York (William M. Skretny, J.) convicting defendant after a jury trial of one count of possession with intent to distribute, and distribution of, cocaine base in violation of 21 U.S.C. � 841(a)(1) and sentencing defendant to 63 months’ imprisonment. Because defendant would be prejudiced, absent resentencing, by the duplicity of his one count of conviction, we vacate the sentence as improperly based upon two separate and distinct drug transactions and remand for resentencing assuming conviction of only the drug transaction involving the lesser drug amount.

Judgment of conviction affirmed, sentence vacated and remanded.

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