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U.S. v. TERRY

No. 02-7918.

366 F.3d 312 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Leon TERRY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2004.

Attorney(s) appearing for the Case

ARGUED: John Bottini, Third Year Law Student, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, VA, for Appellant. Stacey Denise Haynes, Assistant United States Attorney, Columbia, S.C., for Appellee. ON BRIEF: Neal Lawrence Walters, Charlottesville, VA, for Appellant. J. Strom Thurmond, Jr., United States Attorney, Columbia, S.C., for Appellee.

Before LUTTIG, KING, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge KING and Judge GREGORY joined.

LUTTIG, Circuit Judge:

Appellant, Ralph Terry, was convicted by a jury of two federal counts relating to cocaine distribution. His sentence was based, in part, on the testimony of his co-conspirator, Eric Jensen, concerning Terry's involvement with him in a prior drug deal involving a large quantity of marijuana, conduct that was not specified in Terry...

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