United States v. Turlington, No. 11-2586 (3d Cir. 2012)
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In 2002, Turlington pled guilty to conspiring to distribute more than 50 grams of cocaine base (21 U.S.C. 841(a)(1), 841(b)(1)(A), 846). In 2004, the district court sentenced him to 84 months’ imprisonment and 60 months’ supervised release, less than one-third of the Sentencing Guidelines’ recommendation. In October, 2008, Turlington began supervised release. In September 2009, he was charged with driving under the influence; in December, New Jersey police observed Turlington engaging in three hand-to-hand drug transactions. When they approached and announced themselves, Turlinton attempted to flee and threw a loaded handgun to the ground. Police searched Turlington and found $245 in cash and a plastic bag of cocaine. Turlington pleaded guilty to possessing a weapon while committing a controlled dangerous substance crime. The New Jersey Superior Court sentenced him to three years’ imprisonment, to run concurrently with any federal sentence. Turlington admitted to possessing the handgun and drugs; the district court revoked supervised release and sentenced him to 60 months. The Third Circuit affirmed.
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