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U.S. v. ESTRADA

No. 94-5070.

42 F.3d 228 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Esteban Leyva ESTRADA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 20, 1994.

Attorney(s) appearing for the Case

ARGUED: David Benjamin Smith, Jacobovitz, English & Smith, Alexandria, VA, for appellant. William Graham Otis, Senior Litigation Counsel, Alexandria, VA, for appellee. ON BRIEF: Helen F. Fahey, U.S. Atty., Alexandria, VA, for appellee.

Before WIDENER, MURNAGHAN, and WILKINS, Circuit Judges.

Vacated and remanded for resentencing by published opinion. Judge WILKINS wrote the opinion, in which Judge WIDENER and Judge MURNAGHAN joined.

OPINION

WILKINS, Circuit Judge:

Esteban Leyva Estrada appeals a mandatory minimum five-year sentence imposed by the district court following his plea of guilty to conspiracy to possess with the intent to distribute and to distribute marijuana. See 21 U.S.C.A. §§ 841(b)(1)(B), 846 (West Supp...

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