U.S. v. MARTIN

Nos. 93-6477, 93-6583 and 93-6702.

25 F.3d 211 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Ashley MARTIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Brian Ashley MARTIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Brian Ashley MARTIN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 25, 1994.


Attorney(s) appearing for the Case

ARGUED: Michael F. Imprevento, Sacks, Sacks & Imprevento, Norfolk, VA, for appellant. William Graham Otis, Asst. U.S. Atty., Sr. Litigation Counsel, Office of the U.S. Atty., Alexandria, VA, for appellee. ON BRIEF: Andrew M. Sacks, Sacks, Sacks & Imprevento, Norfolk, VA, for appellant. Helen F. Fahey, U.S. Atty., Vincent L. Gambale, Asst. U.S. Atty., Office of the U.S. Atty., Alexandria, VA, for appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WILKINSON and HAMILTON, Circuit Judges.


Vacated and remanded for resentencing by published opinion. Judge HAMILTON wrote the opinion, in which Justice POWELL and Judge WILKINSON joined.

OPINION

HAMILTON, Circuit Judge:

On April 10, 1992, Brian Ashley Martin was sentenced to 169 months' imprisonment. On March 31, 1993, citing Fed.R.Crim.P. 35(b), the government moved for a reduction of Martin's sentence based upon Martin's cooperation with the government...

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