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U.S. v. MOORE

Nos. 92-5042, 93-5316.

24 F.3d 624 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Lee MOORE, a/k/a Mr. B, Defendant-Appellant (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1994.

Attorney(s) appearing for the Case

ARGUED: Dale Allen Buck, Jackson & Kelly, Martinsburg, WV, for appellant. Michael L. Keller, Asst. U.S. Atty., Charleston, WV, for appellee. ON BRIEF: Michael W. Carey, U.S. Atty., Paul A. Billups, Asst. U.S. Atty., Charleston, WV, for appellee.

Before RUSSELL and HALL, Circuit Judges, and KEELEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge K.K. HALL wrote the opinion, in which Judge RUSSELL and District Judge KEELEY joined.

OPINION

K.K. HALL, Circuit Judge:

Brian Lee Moore was convicted of various drug offenses and sentenced to 63 months imprisonment. The district court entered the judgment order on October 8, 1991. Under Fed.R.App.P. 4(b), Moore had ten days, until October 18, to file a notice...

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