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United States v. Yitshak Levy

Appeal from the judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge) convicting the defendant of engaging in a conspiracy to distribute and possess with intent to distribute pills containing a detectable amount of methylendioxymethamphetamine.....

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Appeal from the judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge) convicting the defendant of engaging in a conspiracy to distribute and possess with intent to distribute pills containing a detectable amount of methylendioxymethamphetamine (“MDMA”), commonly known as “ecstasy,” in violation of 21 U.S.C. § 846 and of distributing and possessing with intent to distribute approximately 25,000 pills of MDMA in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(C). Given the breadth of Sharvit’s claims of ineffectiveness, the serious criminal allegations against his trial counsel, the possibility that these recent revelations will suggest additional defects in the quality of Sharvit’s trial representation, and the interest of this Court in ensuring the integrity of proceedings below, we remand the case for further factfinding in accordance with this opinion.

Dawn M. Cardi, Dawn M. Cardi & Associates, New York, NY, for Defendant-

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