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U.S. v. SHARP

Nos. 90-5491, 90-5492.

927 F.2d 170 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Allen Ray SHARP, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Danny Howard FOUT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1991.

Attorney(s) appearing for the Case

John Joseph Cowan, Charleston, W. Va., argued (Jerome J. McFadden, Gibson, McFadden & Ash, Princeton, W.Va., on brief), for defendants-appellants.

Dwane Lamont Tinsley, Asst. U.S. Atty., argued (Michael W. Carey, U.S. Atty., Charleston, W.Va., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Chief Judge:

Danny Howard Fout and Allen Ray Sharp were convicted of causing property damage by use of explosives and conspiracy in connection with the bombing of a coal mine. Both appealed their sentences, contending that they were denied reductions or departures to which they were entitled. In addition, each appealed from an order of restitution entered by the court, on the ground that the order was entered in violation of 18 U.S.C. § 3663. We affirm...

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