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U.S. v. Collado, No. 95-1512, No. 1811 (2nd Cir.) (106 F.3d 1097) (January 13, 1997) (Judge Alvin W. Thompson)

Rejecting the interpretation of every other Circuit to have ruled on the issue, the Second Circuit held that provisions of 18 USC ยง 851(a)(2) were ambiguous and could not be used to enhance defendant's sentence in this case.

The defendant in this case had previously been convicted under the drug ...

 

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