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U.S. v. FALESBORK

Nos. 92-5219, 92-5240, 92-5241, 92-5269.

5 F.3d 715 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Merrick Ralph FALESBORK, a/k/a Merc, a/k/a Merrick, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Clarence Alfred LINDSEY, a/k/a Clarence Lindsay, a/k/a Cal, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Tyrone BOONE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bobby Louis TURNER, a/k/a Robert Louis Turner, a/k/a Bone, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1993.

Attorney(s) appearing for the Case

Henry Kowalchick, William L. Taliaferro, Jr., Rabinowitz, Rafal, Swartz, Taliaferro & Gilbert, P.C., Norfolk, VA (Alfred M. Tripp, Virginia Beach, VA, for appellant Boone, William E. Buyrn, Buyrn & Buyrn, Chesapeake, VA, for appellant Turner, on brief), for appellants.

Laura Marie Everhart, Asst. U.S. Atty., Norfolk, VA (Richard Cullen, U.S. Atty., on brief), for appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents principally two issues of criminal sentencing: (1) whether a sentence enhancement based upon a prior uncounseled misdemeanor conviction is unconstitutional, and (2) whether, for purposes of sentencing, a defendant's admitted involvement in an earlier drug-related murder may be considered part of the same course of conduct as his possession of cocaine several months later, the offense of which he was convicted...

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