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U.S. v. MELTON

No. 90-5056.

970 F.2d 1328 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Stafford MELTON, a/k/a Charles Miller, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 1992.

Attorney(s) appearing for the Case

Sean Patrick Devereux, Whalen, Hay, Pitts, Devereux, Hugenschmidt, Master & Belser, Asheville, N.C., argued, for defendant-appellant.

Max Oliver Cogburn, Jr., Asst. U.S. Atty., Asheville, N.C., argued (Thomas J. Ashcraft, U.S. Atty., on the brief), for plaintiff-appellee.

Before RUSSELL, MURNAGHAN, and NIEMEYER, Circuit Judges.

OPINION

MURNAGHAN, Circuit Judge:

The present appeal was filed by the defendant, Carl Stafford Melton, to challenge the sentence imposed in the district court for the Western District of North Carolina, in which the district court departed from the sentence range set forth in the United States Sentencing Guidelines (the "Guidelines"), for distribution of narcotics, because the court found that Melton had committed a murder that was related to his drug crime...

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