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U.S. v. FOSTER

No. 94-7258.

68 F.3d 86 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Lesepth M. FOSTER, a/k/a Oderris, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1995.

Attorney(s) appearing for the Case

ARGUED: Patrick L. Brown, Florence, Kentucky, for Appellant. Michael Lee Keller, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before HAMILTON, LUTTIG, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge HAMILTON and Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Appellant, Lesepth M. Foster, pleaded guilty to count two of a three count indictment and was sentenced to 151 months in prison for aiding and abetting the distribution of 2.42 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). Because Foster had two prior felony convictions, he was sentenced...

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