U.S. v. MALVITO

No. 90-5822.

946 F.2d 1066 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Pasquale MALVITO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1991.


Attorney(s) appearing for the Case

Joseph Jeffrey Harris, Morgantown, W.Va., argued, for defendant-appellant.

John H. Reed, Asst. U.S. Atty., Wheeling, W.Va., argued (William A. Kolibash, U.S. Atty., on brief), for plaintiff-appellee.

Before HALL, MURNAGHAN and WILKINS, Circuit Judges.


OPINION

K.K. HALL, Circuit Judge:

After making a plea agreement with the government, Pasquale Malvito pleaded guilty to possession of cocaine with intent to distribute. He appeals the sentence imposed by the district court. We vacate and remand for resentencing.

I.

In September, 1988, Malvito sold cocaine to an informant in Morgantown, West Virginia. A later search of his residence turned up 227 grams of cocaine and $5,000 in cash. He agreed...

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