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United States Ninth Circuit


US v. BROWN, 01-30158, 01-30181

Conviction and sentence for possessing with the intent to distribute crack cocaine are affirmed where there is no evidence that witness's misrepresentation was intentional or that the prosecutor knew of the statement's falsity. The district court erred that it was precluded as a matter of law from considering the additional 34 grams of crack cocaine.

Appellate Information

  • Argued 08/14/2003
  • Decided 10/28/2003
  • Published 10/28/2003

Judges

  • Before:  PREGERSON, CANBY, and McKEOWN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Sue Ellen Tatter, Assistant Federal Defender, Anchorage, AK, for the defendant-appellant-cross-appellee., Stephan A. Collins, Assistant United States Attorney, Anchorage, AK, for the plaintiff-appellee-cross-appellant.
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