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U.S. v. PIERSON

No. 94-5628.

53 F.3d 62 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. John H. PIERSON, III, a/k/a John John, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1995.

Attorney(s) appearing for the Case

ARGUED: Martin Patrick Sheehan, Sheehan & Nugent, Wheeling, WV, for appellant. Paul Thomas Camilletti, Asst. U.S. Atty., Wheeling, WV, for appellee. ON BRIEF: William D. Wilmoth, U.S. Atty., Wheeling, WV, for appellee.

Before WILLIAMS and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILLIAMS and Senior Judge BUTZNER joined.

OPINION

MOTZ, Circuit Judge:

Pursuant to 21 U.S.C. § 841, a person convicted of possession with intent to distribute more than five grams of cocaine base must be sentenced to a term of imprisonment of not less than five years. We hold that a person convicted of aiding and abetting another in this offense must be sentenced to...

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