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U.S. v. BYRD

No. 92-5623.

995 F.2d 536 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Eugene BYRD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 15, 1993.

As Amended by Order July 23, 1993.

Attorney(s) appearing for the Case

Allen Bethea Burnside, Asst. Federal Public Defender, Columbia, SC, argued, for defendant-appellant.

Terry L. Wooten, Asst. U.S. Atty., Columbia, SC, argued (John S. Simmons, U.S. Atty., on brief), for plaintiff-appellee.

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

OPINION

WILKINS, Circuit Judge:

Charles Eugene Byrd appeals from the sentence imposed by the district court following his plea of guilty to distributing cocaine base (crack) in violation of 21 U.S.C.A. § 841(a)(1) (West 1981) and 18 U.S.C.A. § 2 (West 1969). Byrd maintains that the district court erred in refusing to entertain at sentencing his claim that one of the predicate offenses qualifying him for treatment as a career offender pursuant to...

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