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U.S. v. WILLIAMS

No. 88-5213.

880 F.2d 804 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony K. WILLIAMS, a/k/a Tony, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 1, 1989.

Rehearing and Rehearing Denied September 6, 1989.

Attorney(s) appearing for the Case

Daniel Jefferson Post for appellant.

Thomas O. Mucklow, Asst. U.S. Atty. (William A. Kolibash, U.S. Atty., Lisa A. Grimes, Sp. Asst. U.S. Atty., John H. Reed, Asst. U.S. Atty., on brief) for appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

Rehearing and Rehearing In Banc Denied September 6, 1989.

CHAPMAN, Circuit Judge:

This appeal presents the question as to whether at a sentencing on a plea of guilty to one count of a five count indictment, each count charging distribution of cocaine in violation of 21 U.S.C. § 841(a)(1), the district judge may consider the quantities of cocaine not specified in the count to which the defendant enters his guilty...

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