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Inmate wins appeal 9 years into 10-year sentence

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By The Associated Press

Published: July 14, 2009

ATLANTA - A Florida inmate who contested his 10-year drug sentence finally won his point. But by the time a federal appeals court ruled in his favor, Cornelius V. Dasher of Fernandina Beach already has spent nine of the 10 years behind bars.

Dasher argued he should have been sentenced to no more than 13 months after pleading guilty in 2000 to possession of cocaine with intent to sell within 1,000 feet of a church. He said his lawyer advised him that probably was the most he would get if he threw himself on the mercy of the court.

An 11th U.S. Circuit Court of Appeals panel agreed Monday that was ineffective assistance of counsel. The judges left the conviction intact but ordered Dasher freed with time served.

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