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U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam)

Case held that when defendant is charged with possession under 21 USC § 844(a), the quantity of drugs was not a mere penalty provision to be decided by the judge since the crime could be either a felony or a misdemeanor.

 

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