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U.S. v. COOK

Nos. 92-5416, 92-5417.

26 F.3d 507 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Dwayne Eugene COOK, a/k/a Craig S. Cook, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Dwayne Eugene COOK, a/k/a Craig S. Cook, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1994.

Attorney(s) appearing for the Case

ARGUED: Ethan L. Bauman, Asst. U.S. Atty., Baltimore, MD, for appellant. Beth Mina Farber, Asst. Federal Public Defender, Baltimore, MD, for appellee. ON BRIEF: Richard D. Bennett, U.S. Atty., Baltimore, MD, for appellant. Anthony R. Gallagher, Acting Federal Public Defender, Baltimore, MD, for appellee.

Before RUSSELL, WILKINS, and LUTTIG, Circuit Judges.

Vacated and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

OPINION

DONALD RUSSELL, Circuit Judge:

The United States appeals the district court's finding that defendant Dwayne Cook's obstruction of justice conviction does not qualify as a predicate offense under the sentencing enhancement provisions of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). Because we find that...

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