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U.S. v. GRAHAM

No. 90-5070.

946 F.2d 19 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Richard GRAHAM, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1991.

Attorney(s) appearing for the Case

Richard Melvin Karceski, White & Karceski, Towson, Md., argued, for defendant-appellant.

Lisa M. Griffin, Asst. U.S. Atty., Baltimore, Md., argued (Breckinridge L. Willcox, U.S. Atty., on brief), for plaintiff-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WILKINSON and WILKINS, Circuit Judges.

OPINION

WILKINS, Circuit Judge:

Richard Graham, III appeals his sentence imposed for possession of cocaine. 21 U.S.C.A. § 844(a) (West Supp.1991). He contends that the district court erred in departing upward from the sentencing guidelines fine range based upon his wealth. We agree.

I.

Graham pled guilty to possession of cocaine. His applicable guidelines determination began with a base offense level of 6. United States Sentencing...

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