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U.S. v. FRALEY

No. 92-7099.

988 F.2d 4 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Michael W. FRALEY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1993.

Attorney(s) appearing for the Case

Vincent L. Gambale, Asst. U.S. Atty., Alexandria, VA, argued (Richard Cullen, U.S. Atty., on brief), for plaintiff-appellant.

Paul Alvin Scott, Madigan & Scott, Inc., Springfield, VA, for defendant-appellee.

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.

OPINION

WILLIAMS, Circuit Judge:

The Government appeals the district court's grant of Michael W. Fraley's motion to modify his sentence. We reverse.

I.

Michael W. Fraley was convicted of using an unauthorized credit access device under 18 U.S.C. § 1029(a)(2) (1988). At his sentencing hearing on June 5, 1992, Fraley specifically argued for a "split sentence" under § 5C1.1(d)(2) of the Sentencing...

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