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U.S. v. THOMAS

Nos. 89-5135, 89-5136 and 89-5549.

900 F.2d 37 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ray THOMAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Wayne Graham MASON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1990.

Attorney(s) appearing for the Case

David B. Smith (Gregory B. English, on brief), English & Smith, Alexandria, Va., for defendants-appellants.

Lawrence E. Spong, Sp. Asst. U.S. Atty. (Henry E. Hudson, U.S. Atty., William G. Otis, Asst. U.S. Atty., Brian M. O'Leary, Sp. Asst. U.S. Atty., Danielle N. DeFranco, on brief), Alexandria, Va., for plaintiff-appellee.

Before ERVIN, Chief Judge, and HALL and WILKINS, Circuit Judges.

ERVIN, Circuit Judge:

Ray Thomas was convicted of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a), of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846, and of possession with intent to distribute in excess of 50 grams of cocaine base ("crack") in violation of 21 U.S.C. § 841(a)(1). Judge James C. Cacheris sentenced Thomas to 110 months in prison for each cocaine offense, and to 120 months for possession...

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