District Court, N.D. New York February 15, 2002, 1:00-mj-00251 (United States v. Francis)

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I.

INTRODUCTION

On March 30, 2001, defendant Paul Francis (“Francis” or “defendant”) pled guilty to Count 1 (conspiracy to possess with intent to distribute and distribution of cocaine, crack cocaine and marijuana in violation of 21 U.S.C. § 846) and Count 7 (drug user in possession of a firearm in violation of 18 U.S.C.