U.S. v. ELLIOTT

No. 87-7712.

849 F.2d 886 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee ELLIOTT, a/k/a Biddie, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1988.


Attorney(s) appearing for the Case

Glenn Bertrand Hester (Cooper & Associates, Atlanta, Ga., John S. Iorio, Greensboro, N.C., William D. Mallard, Mallard, Minor & Harris, Atlanta, Ga., on brief), for defendant-appellant.

David B. Smith, Asst. U.S. Atty. (Robert H. Edmunds, Jr., U.S. Atty., Benjamin H. White, Jr., Asst. U.S. Atty., Greensboro, N.C.; Becky M. Strickland, CLA, Paralegal Specialist on brief), for plaintiff-appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


JAMES DICKSON PHILLIPS, Circuit Judge:

Robert Lee Elliott appeals the denial of his 28 U.S.C. § 2255 motion to set aside cumulative sentences imposed upon him for multiple violations of the federal narcotics laws arising out of two deliveries of the same type drug to the same buyer at the same place but ten days apart in time. Elliott contended that (1) the two deliveries represented a single, continuous offense for which only a single punishment could be imposed...

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