Legal Opinion
United States v. Sturdivant
Court of Appeals for the Second Circuit
Decided June 7, 2004No. Nos. 02-1220, 02-1241PublishedCited by 1 opinion
1Opinion of the Court
SUMMARY ORDER
Defendant-Appellant-Cross-Appellee Elbert Sturdivant was convicted, following a jury trial in the United States District Court for the Western District of New *24York, on one count of possession with intent to distribute and distribution of five or more grams of crack, in violation of 21 U.S.C. § 841. On a previous appeal before this Court, we held that this count was duplicitous, because it was impossible to determine from the jury’s verdict whether Sturdivant had been convicted on one or both of the two transactions charged in the indictment. See United States v. Sturdivant, 244…
2Cases cited6 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- United States v. Leroy S. Outen Rodney D. Smith Sheldon Wilford Donald Gordon Euton Christian Tyrone McFadden Herbie Noel, AKA "Wayne"Court of Appeals for the Second Circuit · 2002
- United States v. Douglas BrownCourt of Appeals for the Second Circuit · 1996
- United States v. Elbert L. SturdivantCourt of Appeals for the Second Circuit · 2001
- United States v. Frank Abbott Sweeney, Jr., A/K/A Brendan Shannon, A/K/A Francis August SchellhammerCourt of Appeals for the Second Circuit · 1996
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3Cited by1 opinion
- United States v. WendelsdorfDistrict Court, N.D. Iowa · 2006