U.S. v. BROOKS

Nos. 90-5240 to 90-5242, 90-5247 and 90-5733.

957 F.2d 1138 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Denard BROOKS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Johnny X. WILLIAMSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Melvin Eugene FLINT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Russell FORD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Linda Mitchell PEAY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1992.

As Amended March 5, 1992.

Rehearing and Rehearing Denied March 12, 1992.


Attorney(s) appearing for the Case

Susan Hayes, Greensboro, N.C., argued (Walter T. Johnson, Jr., Greensboro, N.C., for defendant-appellant Brooks; Charles O. Peed, Jr., Winston-Salem, N.C., for defendant-appellant Williamson; J. Matthew Martin, Martin & Martin, P.A., for defendant-appellant Ford; Thomas H. Johnson, Jr., Greensboro, N.C., for defendant-appellant Flint; Anne R. Littlejohn, Greensboro, N.C., for defendant-appellant Peay, on the brief), for defendants-appellants.

David Bernard Smith, Asst. U.S. Atty., Senior Litigation Counsel, Greensboro, N.C., argued (Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., on the brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, LUTTIG, Circuit Judge, and RESTANI, Judge, United States Court of International Trade, sitting by designation.


Rehearing and Rehearing En Banc Denied March 12, 1992.

OPINION

LUTTIG, Circuit Judge:

Appellants were convicted of conspiracy to distribute cocaine. All five appellants challenge their convictions. We affirm all five convictions. Two appellants also challenge their sentences. We affirm one of these sentences, vacate the other sentence, and remand for resentencing.

I.

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