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U.S. v. JONES

No. 90-5332.

945 F.2d 747 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. James Abbott JONES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1991.

Attorney(s) appearing for the Case

George Alan DuBois, Jr., Asst. Federal Public Defender, Raleigh, N.C., argued (William E. Martin, Federal Public Defender, on brief), for defendant-appellant.

Richard S. Glaser, Jr., Asst. U.S. Atty., Greensboro, N.C., argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), for plaintiff-appellee.

Before BUTZNER and CHAPMAN, Senior Circuit Judges, and WILLIAMS, District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

BUTZNER, Senior Circuit Judge:

James Abbott Jones appeals his conviction and sentence for drug and firearm violations. We reverse his drug and associated firearm convictions, affirm his other firearm conviction, and remand for resentencing.

I

Two Durham police officers searched Jones's house for Harvey Lee Justice, a fugitive. While looking for Justice, they saw in plain view evidence that the house was used for the distribution...

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