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United States v. Juma Sampson

Appeal from the judgment of the United States District Court for the Western District of New York (David G. Larimer, Judge), convicting Juma Sampson, following a jury trial, of two drug offenses committed in October 1998, and two drug offenses and a firearm offense committed in June 2000. At senten.....

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Appeal from the judgment of the United States District Court for the Western District of New York (David G. Larimer, Judge), convicting Juma Sampson, following a jury trial, of two drug offenses committed in October 1998, and two drug offenses and a firearm offense committed in June 2000. At sentencing, the district court concluded that Sampson’s conviction for one of the 2000 drug offenses subjected him to a twenty-year mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(A) because he had been previously adjudicated a youthful offender under New York law for a drug offense. We conclude that the district court erred in denying Sampson’s motion to sever the 1998 counts from the 2000 counts, and we therefore vacate Sampson’s convictions for the 1998 offenses. We affirm Sampson’s convictions for the 2000 offenses, however, because the joint trial did not substantially prejudice him as to those counts. Finally, we affirm the district court’s conclusion that Sampson was subject to a twenty-year mandatory minimum sentence based on his prior youthful offender adjudication. Affirmed in part, and vacated and remanded in part.

Peter J. Pullano, Rochester, NY, for Defendant-Appellant.

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