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U.S. v. COLE

No. 93-5021.

27 F.3d 996 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. William Jay COLE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1994.

Attorney(s) appearing for the Case

ARGUED: William Michael Frazier, Frazier & Oxley, L.C., Huntington, WV, for appellant. William David Wilmoth, U.S. Atty., Wheeling, WV, for appellee. ON BRIEF: Thomas O. Mucklow, Asst. U.S. Atty., Wheeling, WV, for appellee.

Before HALL and LUTTIG, Circuit Judges, and BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge K.K. HALL wrote the majority opinion, in which District Judge BRINKEMA joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

K.K. HALL, Circuit Judge:

William Jay Cole appeals the 63-month sentence he received on a conviction for possession of crack cocaine with intent to deliver. We find error in the manner in which the sentencing hearing was conducted, and we vacate the sentence and remand for...

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