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U.S. v. HINES

No. 93-5935.

39 F.3d 74 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon Ronnell HINES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1994.

Rehearing Granted; Opinion Vacated January 12, 1995.

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Jr., Asst. Fed. Public Defender, Raleigh, NC, for appellant. David Paul Folmar, Jr., Sp. Asst. U.S. Atty., Raleigh, NC, for appellee. ON BRIEF: Janice McKenzie Cole, U.S. Atty., Raleigh NC, for appellee.

Before RUSSELL, Circuit Judge, PHILLIPS, Senior Circuit Judge, and JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing In Banc Granted; Opinion Vacated January 12, 1995.

Affirmed in part, reversed in part, and remanded for resentencing by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge JACKSON joined. Judge RUSSELL wrote an opinion dissenting in part.

OPINION

PHILLIPS, Senior Circuit Judge:

Gordon Hines appeals his conviction on two counts of possession of cocaine and heroin with intent to distribute; two counts of

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