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Defendant-appellant Oscar Lynch appeals from a judgment of conviction and sentence entered in the United States District Court for the Eastern District of New York (Raggi, J.), following a jury trial, convicting him of possession of crack cocaine ("crack") with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess crack with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court sentenced Lynch to a 168-month term of imprisonment, a five-year term of supervised release, and a $200 special assessment. On appeal, Lynch contends that the district court erred in finding that he knowingly and voluntarily waived his Fifth Amendment rights. He also contends, inter alia, that the district court erred in enhancing his sentence pursuant to U.S.S.G. § 2D1.1(b)(1) for possessing a firearm during the commission of a narcotics offense after he had been acquitted of using and carrying a firearm in relation to a narcotics trafficking crime. Having considered each of Lynch's contentions, we affirm the judgment of the district court.


92 F.3d 62 (1996)

UNITED STATES of America, Appellee, v. Oscar LYNCH, aka Magic, Defendant-Appellant.

No. 1640, Docket 95-1670.

United States Court of Appeals, Second Circuit.

Argued May 13, 1996.Decided August 8, 1996.New York Law School location: File #2419, Box #136