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U.S. v. BROWN

Nos. 93-5653, 93-5654.

23 F.3d 839 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Emanuel BROWN, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Emanuel BROWN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1994.

Attorney(s) appearing for the Case

ARGUED: William Graham Otis, Senior Litigation Counsel, Office of the U.S. Atty., Alexandria, VA, for appellant. Claude David Convisser, Alexandria, VA, for appellee. ON BRIEF: Helen F. Fahey, U.S. Atty., Vincent L. Gambale, Asst. U.S. Atty., Office of the U.S. Atty., Alexandria, VA, for appellant.

Before NIEMEYER, Circuit Judge, BUTZNER, Senior Circuit Judge, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge NIEMEYER and Senior Judge JOSEPH H. YOUNG joined.

OPINION

BUTZNER, Senior Circuit Judge:

Emanuel Brown pleaded guilty to a single count of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1). During sentencing, the district court classified Brown as a career offender because he had two prior felony controlled substance convictions in...

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