U.S. v. FOUNTAIN

No. 92-5161.

993 F.2d 1136 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Kerric R. FOUNTAIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1993.


Attorney(s) appearing for the Case

Raymond A. Carpenter, Jr., Boone, Beale, Carpenter & Cosby, Richmond, VA, argued (David E. Boone, on brief), for defendant-appellant.

Ray B. Fitzgerald, Jr., Asst. U.S. Atty., Roanoke, VA, argued (E. Montgomery Tucker, U.S. Atty., on brief), for plaintiff-appellee.

Before HALL, MURNAGHAN, and WILLIAMS, Circuit Judges.


OPINION

MURNAGHAN, Circuit Judge:

Kerric Fountain was convicted in a bench trial of count I, possession of marijuana with intent to distribute in violation of Title 21 U.S.C. § 841(a)(1) and § 841(b)(1)(D), and of count II, use or possession of a firearm during and in relation to a drug trafficking crime in violation of Title 18 U.S.C. § 924(c).1

Fountain was sentenced to two months of incarceration under...

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