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U.S. v. HALL

No. 92-5124.

977 F.2d 861 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Ray HALL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1992.

Attorney(s) appearing for the Case

David Benjamin Smith, Jacobovitz, English & Smith, Alexandria, Va., argued, for defendant-appellant.

Ray Burton Fitzgerald, Jr., Office of the U.S. Atty., Roanoke, Va., argued (E. Montgomery Tucker, U.S. Atty., Jerry W. Kilgore, Sp. Asst. U.S. Atty., Abingdon, Va., on brief), for plaintiff-appellee.

Before WILKINSON, WILKINS, and LUTTIG, Circuit Judges.

OPINION

WILKINS, Circuit Judge:

Danny Ray Hall pled guilty to conspiring to manufacture marijuana. See 21 U.S.C.A. §§ 841(a), 846 (West 1981 & Supp. 1992). He appeals his sentence, arguing that the district court erred in concluding that it could not depart downward on the basis of more lenient sentences imposed in state and federal courts on his coconspirators. In the alternative, he contends...

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