Legal Opinion

United States v. Elbert L. Sturdivant

Court of Appeals for the Second Circuit

Decided March 19, 2001No. Docket 00-1058PublishedCited by 51 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge:

Defendant-appellant Elbert L. Sturdi-vant appeals from a judgment entered on January 27, 2000 by the United States District Court for the Western District of New York (Skretny, J.) convicting him after a jury trial of one count of possessing and distributing cocaine base. The court imposed a sentence of 63 months’ imprisonment.

Defendant claims that he suffered prejudice by being convicted and sentenced based upon a count that was duplicitous, i.e., a single count in the indictment that charged him with participating in two separate and distinct drug transactions. This…

2Cases cited21 opinions

  1. Abney v. United StatesSupreme Court of the United States · 1977
  2. Leary v. United StatesSupreme Court of the United States · 1969
  3. Richardson v. United StatesSupreme Court of the United States · 1984
  4. Davis v. United StatesSupreme Court of the United States · 1973
  5. United States v. Manuel Concepcion, Roberto Aponte, and Nelson FriasCourt of Appeals for the Second Circuit · 1993

16 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. United States v. VilarCourt of Appeals for the Second Circuit · 2013
  2. United States v. Anthony BurfootCourt of Appeals for the Fourth Circuit · 2018
  3. United States v. McCourtyCourt of Appeals for the Second Circuit · 2009
  4. United States v. Antonio OlmedaCourt of Appeals for the Second Circuit · 2006
  5. United States v. RootCourt of Appeals for the Third Circuit · 2009

46 more not listed; retrieve them via the Exa API.

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