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U.S. v. HARRISON

Nos. 94-5054, 94-5128.

58 F.3d 115 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin Thomas HARRISON, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alvin Thomas HARRISON, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1995.

As Corrected July 25, 1995.

Attorney(s) appearing for the Case

ARGUED: Brian Edward Clemmons, Young, Moore, Henderson & Alvis, P.A., Raleigh, NC, for appellant. Robert Edward Skiver, Asst. U.S. Atty., Raleigh, NC, for appellee. ON BRIEF: Janice McKenzie Cole, U.S. Atty., Joseph N. Walden, III, 3rd Year Law Student, Duke University, Raleigh, NC, for appellee.

Before MURNAGHAN, NIEMEYER, and HAMILTON, Circuit Judges.

Vacated and remanded by published opinion. Judge HAMILTON wrote the majority opinion, in which Judge MURNAGHAN joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

Alvin Thomas Harrison (Harrison) appeals his sentence following his plea of guilty to conspiracy to import marijuana and cocaine, see 21 U.S.C.A. § 963 (West Supp.1994). For the reasons that follow, we vacate Harrison's sentence and remand for...

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