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U.S. v. WADE

No. 90-5805.

936 F.2d 169 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Ray WADE, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1991.

Attorney(s) appearing for the Case

J. Matthew Martin, Martin & Martin, P.A., Hillsborough, N.C., for defendant-appellant.

Richard S. Glaser, Jr., Asst. U.S. Atty., argued (Robert H. Edmunds, Jr., U.S. Atty., Charles T. Francis, Asst. U.S. Atty., Michael J. Russo, third year law student, on brief), Greensboro, N.C., for plaintiff-appellee.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and SPENCER, District Judge for the Eastern District of Virginia, sitting by designation.

NIEMEYER, Circuit Judge:

Following his guilty plea to charges for drug distribution and related gun use, Harold Ray Wade, Jr. was sentenced to a mandatory minimum ten-year sentence for the drug charges and a consecutive mandatory five-year sentence for the gun charge. See 21 U.S.C. § 841(b); 18 U.S.C. § 924(c). In denying Wade's motion for a downward departure based on his substantial assistance to the government, the district court concluded that...

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