United States v. Elbert L. Sturdivant
Court of Appeals for the Second Circuit
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
- Abney v. United StatesSupreme Court of the United States · 1977
- Leary v. United StatesSupreme Court of the United States · 1969
- Richardson v. United StatesSupreme Court of the United States · 1984
- Davis v. United StatesSupreme Court of the United States · 1973
- United States v. Manuel Concepcion, Roberto Aponte, and Nelson FriasCourt of Appeals for the Second Circuit · 1993
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3Cited by51 opinions
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- United States v. McCourtyCourt of Appeals for the Second Circuit · 2009
- United States v. Antonio OlmedaCourt of Appeals for the Second Circuit · 2006
- United States v. RootCourt of Appeals for the Third Circuit · 2009
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