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U.S. v. PATTERSON

Nos. 93-5940, 93-5948.

38 F.3d 139 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Joe PATTERSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Thomas Charles LAYTHE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1994.

Attorney(s) appearing for the Case

ARGUED: Stanley David Young, Young & Douglas, Asheville, NC, for appellant Patterson; Ronald Carl True, Lindsay & True, Asheville, NC, for appellant Laythe. Jerry Wayne Miller, Asst. U.S. Atty., Office of the U.S. Atty., Asheville, NC, for appellee. ON BRIEF: Mark T. Calloway, U.S. Atty., Asheville, NC, for appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and JOSEPH F. ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part and dismissed in part by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Judge JOSEPH F. ANDERSON, Jr. joined.

OPINION

WILLIAMS, Circuit Judge:

Marvin Joe Patterson and Thomas Charles Laythe appeal their sentences imposed pursuant to their convictions under 21 U.S.C. § 841(a)(1) (1988) and 21 U.S.C.A. § 841(b)(1)(C) (West & Supp.1994). Pursuant to written plea agreements, Patterson pled...

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