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U.S. v. HARRIS

Nos. 93-5818, 93-5826.

31 F.3d 153 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Jarrod Jeffrey HARRIS, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Jarrod Jeffrey HARRIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1994.

Attorney(s) appearing for the Case

ARGUED: Thomas Ernest Booth, U.S. Dept. of Justice, Washington, DC, for appellant. Susan Helene Cohen, Roanoke, VA, for appellee. ON BRIEF: Robert P. Crouch, Jr., U.S. Atty., Ruth E. Plagenhoef, Asst. U.S. Atty., U.S. Dept. of Justice, Washington, DC, for appellant. Gary L. Lumsden, Roanoke, VA, for appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WILKINSON and HAMILTON, Circuit Judges.

Affirmed in part, reversed in part, and remanded for resentencing by published opinion. Justice POWELL wrote the opinion, in which Judge WILKINSON and Judge HAMILTON joined.

OPINION

POWELL, Justice:

The Government appeals and the Defendant cross-appeals in this criminal case. We affirm in part and reverse and remand in part.

I

On the night of December 30, 1992, the Lynchburg Police Department received an anonymous telephone report...

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