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U.S. v. NEAL

No. 93-5145.

27 F.3d 90 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Kent NEAL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 13, 1994.

Attorney(s) appearing for the Case

ARGUED: Clinton Wayne Smith, Charleston, WV, for appellant. John Kirk Brandfass, Asst. U.S. Atty., Charleston, WV, for appellee.

ON BRIEF: Michael W. Carey, U.S. Atty., Charleston, WV, for appellee.

Before HALL and MICHAEL, Circuit Judges, and OSTEEN, United States District Judge for the Middle District of North Carolina, sitting by designation.

Reversed and remanded by published per curiam opinion.

OPINION

PER CURIAM:

This appeal apparently presents a question of first impression both for this Court and for the remaining federal circuits. The question formally presented is whether the trial judge erred in finding, pursuant to U.S.S.G. §§ 4B1.1 and 4B1.2(2) that the defendant, Kent Neal, was a career offender by virtue of having been convicted of two felony offenses under §...

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