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U.S. v. LOCKLEAR

Nos. 93-5266, 93-5267.

24 F.3d 641 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Mitchell LOCKLEAR, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lee Allen LOWRY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1994.

Attorney(s) appearing for the Case

ARGUED: Mary Elizabeth Manton, Federal Public Defender, Raleigh, NC, for appellant Lowry; Robert Lonnie Cooper, Fayetteville, NC, for appellant Locklear. Christine Witcover Dean, Asst. U.S. Atty., Raleigh, NC, for appellee. ON BRIEF: James R. Dedrick, U.S. Atty., Raleigh, NC, for appellee.

Before ERVIN, Chief Judge, and RUSSELL and HALL, Circuit Judges.

Affirmed in part and vacated and remanded in part by published opinion. Judge DONALD RUSSELL wrote the opinion, in which Chief Judge ERVIN and Judge K.K. HALL joined.

OPINION

DONALD RUSSELL, Circuit Judge:

Mitchell Locklear and Lee Allen Lowry appeal their convictions on drug-related charges. We remand Mitchell Locklear's case for resentencing in light of the district court's erroneous use of U.S.S.G. § 2D1.2 as a specific offense characteristic...

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