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U.S. v. HARVEY

No. 88-7067.

885 F.2d 181 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Leon Durwood HARVEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1989.

Attorney(s) appearing for the Case

John Kenneth Zwerling (Michael Lieberman, Zwerling, Mark, Sutherland, Ginsberg and Lieberman, P.C., Alexandria, Va., on brief), for defendant-appellant.

William Graham Otis, Asst. U.S. Atty. (Henry E. Hudson, U.S. Atty., Alexandria, Va., Kent S. Robinson, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.

PHILLIPS, Circuit Judge:

Leon Durwood Harvey appeals the district court's denial of his Rule 35 motion to change a fine. We vacate and remand for reconsideration because the district court's failure to make specific findings makes effective appellate review impossible on the present record.

I

Harvey was convicted in January 1986 on numerous drug and tax related counts stemming from importation and possession of marijuana and hashish with intent to...

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