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U.S. v. CHOATE

No. 93-5314.

12 F.3d 1318 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Tammy Marie CHOATE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1993.

Attorney(s) appearing for the Case

C. Cooper Fulton, Federal Public Defender's Office, Charleston, WV, argued (Hunt L. Charach, Federal Public Defender, Leonard Kaplan, Asst. Federal Public Defender, on brief), for defendant-appellant.

Michael W. Carey, U.S. Atty., John C. Parr, Asst. U.S. Atty., Charleston, WV, argued (Betty Adkins Pullin, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before WILKINS and WILLIAMS, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

MICHAEL, District Judge:

On January 8, 1993, Tammy Marie Choate (now Reese) entered a plea of guilty to Count 3 of an indictment charging her with maintaining a room or enclosure for the purpose of unlawfully storing and distributing a controlled substance, in violation of 21 U.S.C. § 856(a)(2). On April 5, 1993, Choate was sentenced to 27 months incarceration. She now appeals from that conviction on the grounds that the district court erred...

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