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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge]

This case involves the “second and successive” language added to the habeas statute by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, �� 105-06, 110 Stat. 1214, 1220-21 (1996) (codified at 28 U.S.C. �� 2244, 2255). Aaron Jamison was indicted for possessing, and conspiring to possess, crack cocaine with intent to distribute. 18 U.S.C. � 2 (1988); 21 U.S.C. �� 841(a)(1) & (b)(1)(B), 846 (1988 & Supp. V 1993). On May 19, 1994, Jamison and a co-defendant were convicted by a jury on both counts. Thereafter, Jamison’s trial counsel withdrew and new counsel was appointed to represent Jamison.

On May 19, 1995, the district court sentenced Jamison to 236 months’ imprisonment. Because of the quantity of drugs and adjustments upward for leadership of criminal activity, U.S.S.G. � 3B1.1(a) (1994), and for obstruction of justice, U.S.S.G. � 3C1.1, Jamison had an offense level of 34. The district court found that four pertinent prior convictions put Jamison in criminal history category IV. U.S.S.G. � 4A1.1. The resulting guideline range was 210 to 262 months. Thus, the sentence fell in the middle of the guideline range (and within the basic statutorily prescribed range of between five and forty years, 21 U.S.C. � 841(b)(1)(B)).

 
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