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U.S. v. CRAWFORD

No. 93-5282.

18 F.3d 1173 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Casy Andrew CRAWFORD, a/k/a Casey Andrew Crawford, a/k/a Andrew C. Crawford, a/k/a Sean Wilson, a/k/a Jason Johnson, a/k/a Casey Crawford, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 15, 1994.

Attorney(s) appearing for the Case

ARGUED: Henry Kowalchick, Norfolk, VA, for appellant. Alan Mark Salsbury, Asst. U.S. Atty., Norfolk, VA, for appellee. ON BRIEF: Kenneth E. Melson, U.S. Atty., Norfolk, VA, for appellee.

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

OPINION

HAMILTON, Circuit Judge:

This appeal presents three principal issues. The first and most salient is whether 8 U.S.C. § 1326(b) is a separate criminal offense or a sentence enhancement provision. The second is whether, in calculating a defendant's sentence, the use of a prior aggravated felony conviction to enhance a defendant's base offense level by sixteen levels pursuant to United States Sentencing Commission, Guidelines Manual, §...

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