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U.S. v. McHAN

Nos. 89-5057, 89-5101.

920 F.2d 244 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Charles William McHAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Charles William McHAN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1990.

Attorney(s) appearing for the Case

Mark Jeffery Kadish, Law Firm of Mark J. Kadish, argued, Atlanta, Ga., for defendant-appellant.

Nina Swift Goodman, U.S. Dept. of Justice, argued, Washington, D.C. (Thomas J. Ashcraft, U.S. Atty., Max O. Cogburn, Jr., Asst. U.S. Atty., Asheville, N.C., on brief), for plaintiff-appellee.

Before SPROUSE, CHAPMAN, and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

Charles McHan pled guilty in the United States District Court for the Western District of North Carolina to the offense of conspiracy to possess with intent to distribute 200 pounds of marijuana in violation of 21 U.S.C. §§ 841(a)(1), 846. After denying McHan's motion to withdraw his plea, the district court sentenced him to fifty-two months in custody with a $100,000 fine. In so doing, the court departed downward from McHan's calculated...

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