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U.S. v. NUNEZ

Nos. 04-4484, 04-4504.

432 F.3d 573 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jenny NUNEZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Carlos Alberto Nunez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Meghan Suzanne Skelton, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellants. Sara Elizabeth Flannery, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Alexandria, Virginia, Mary E. Maguire, Assistant Federal Public Defender, Carolyn V. Grady, Assistant Federal Public Defender, Richmond, Virginia, for Appellants. Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before TRAXLER and GREGORY, Circuit Judges, and R. BRYAN HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge GREGORY and Judge HARWELL joined.

OPINION

TRAXLER, Circuit Judge.

Appellants Jenny Nunez and Carlos Nunez challenge their convictions and sentences for conspiracy to possess with intent to distribute and distribution of cocaine and heroin, in violation of 21 U.S.C.A. § 846 (West 1999); possession with intent to distribute and distribution of cocaine and...

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