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U.S. v. Storti

June 12, 1991

UNITED STATES OF AMERICA
v.
JOHN ANTHONY STORTI, APPELLANT



Appeal from the United States District Court for the Eastern District of Pennsylvania; (D.C. Criminal No. 90-00214-03); District Judge: Hon. John P. Fullam.

Sloviter, Chief Judge, Greenberg and Higginbotham, Circuit Judges.

JUDGMENT ORDER

After considering the contentions raised by appellant, to wit, that the district court erred:

1. in failing to impose an alternative to incarceration on the basis of an extraordinary physical impairment based on the minimum mandatory penalties of 21 U.S.C. § 841(b)(1)(B), and

2. in applying an inappropriate Sentencing Guideline to determine appellant's offense level, it is

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby AFFIRMED.

19910612

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