Free Notice (Other) - District Court of Connecticut - Connecticut

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, Case 3:03-cr-00261-AHN Document 52 Filed 11/05/2004 Page 1 of 4 I
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UNITED STATES DISTRICT COURT ‘ ‘‘a‘-· ~ A 2 ¤·‘ y
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DISTRICT OF CONNECTICUT . ara. " I
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UNITED STATES OF AMERICA ; NO. 3:03CR 261 (AHN) J
V. I y
MARVIN SMITH, a/1 SECOND OFEENDER INFORMATION PURSUANT TO
TITLE 21, UNITED STATES CODE, SECTION 851 1
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The United States of America, by and through its undersigned Assistant United States i
Attorney, hereby files with the Court this Second Offender Infomation pursuant to Title 21,
United States Code, Section 851, and states as follows:
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1. Defendant Marvin Smith, afk/a "Leo the Lion" is charged in Count One of the i
Indictment with possession with the intent to distribute and the distribution of a quantity of a
substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. §§ 84l(a)(1) I
and 841(b)(l)(C) . i
2. The penalty provisions applicable to Count One, upon conviction and upon a finding
that the defendant is responsible for any quantity of cocaine base, provide for a Sentence to a 2 i
"term of imprisonment of not more than 20 years" and a fine not to exceed $1,000,000. gg 21 N
U.S.C. § 84I(b)(1)(C). However, upon conviction for an offense under this subsection,
[i]f any person commits Such a violation after a prior conviction for a felony
drug offense has become final, such person shall be sentenced to a term of
imprisonment of not more than 30 years . . . [and] a fine not to exceed . . .
$2,000,000 .... E

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` Case 3:03-cr-00261-AHN Document 52 Filed 11/05/2004 Page 2 of 4
& 21 U.S.C. § 841(b)(1)(C). Additionally,
[n]ot withstanding section 3583 of Title 18, any sentence under this subparagraph I
shall, . . . if there was such a prior conviction, impose a term of supervised I
release of at least 6 years in addition to such term of imprisonment. I I
ge 21 U.S.C. § 841(b)(1)(C). I
3. On or about July 17, 1987, a date preceding the commission of the offense charged in
Count One in this case, the defendant was convicted in docket no. CR6-267009 JD of a felony
drug offense. More specifically, the defendant was convicted of possession of narcotics, in
violation of Connecticut General Statutes § 21a—279(a), a felony, in the Connecticut Superior
Court. On said date, the defendant was sentenced to a teirn of imprisonment of 15 years in jail.
4. On July 17, 1987, the defendant was convicted of another felony drug offense, docket I
no. CR6—26'/025 JD, that is, possession of narcotics in violation of Connecticut General Statutes
§ 2la-279(a). Defendant Marvin Smith was sentenced to a term of imprisonment of 15 years to I
run concurrent with CR6-267009 and with another sentence he was then presently serving.
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5. On September ll, 1987, in docket no. CR4—l38447, defendant Marvin Smith was I
convicted of a felony drug offense, possession of narcotics in violation of Connecticut General I
Statutes § 2la-279(a). He was sentenced on that date to a 5 year term of imprisonment
"concurrent with Waterbury conviction; concurrent with New Haven case (15 years)." I
6. As the defendant was convicted of three felony drug offenses prior to the commission I
of the offense charged in Count One, the United States submits that, should the defendant be
convicted in this case, the maximum sentence under Count One of the Indictment shall be
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° Case 3:03-cr-00261-AHN Document 52 Filed 11/05/2004 Page 3 of 4
governed by the enhanced provisions of 21 U.S.C. § 841(b)(l)(C), as set forth in paragraph two
above. r
Respectfully submitted, I
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KEVIN J. O’CONNOR 1
IZZ/J? ATTO 1 1
A E. RUNow 1
ASSISTANT UNITED STATES ATTORNEY g
157 CHURCH STREET
Ro. Box 1824 1
NEW HAVEN, CT 06508
(203) 821-3700 A
FEDERAL BAR # ¤108os4 1
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` Case 3:03-cr-00261-AHN Document 52 Filed 11/05/2004 Page 4 of 4 I
CERTIFICATE OF SERVICE l
This is to certify that a copy of the within and foregoing was hand delivered this 5*]* day of
November, 2004 to counsel for the defendant, Robert J. Sullivan, Jr., Esq., LAW OFFICES OF
ROBERT SULLIVAN, 190 Main Street, Westport, Connecticut, 06880.
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xl]; 111. 1 .
MICIIA I E. RUNowIC {
ASSISTANT UNITED STATES ATTORNEY
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