United States v. Malouf
Court of Appeals for the First Circuit
1Opinion of the Court
TORRUELLA, Circuit Judge.
On September 10, 2003, appellee Michael Malouf (“Malouf’) was charged in Count One of a two-count indictment with conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine and an unspecified amount of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Section 841(b)(1)(B) imposes upon a defendant with a prior felony conviction a mandatory minimum sentence of ten years for offenses involving 500 grams or more of a substance containing cocaine. On May 28, 2004, Malouf pled guilty to the indictment, but he reserved the…
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