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U.S. v. GOINS

No. 94-5261.

51 F.3d 400 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Russell GOINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1995.

Attorney(s) appearing for the Case

ARGUED: Martin Gregory Bahl, Staff Atty., Baltimore, MD, for appellant. Steven Randall Ramseyer, Asst. U.S. Atty., Abingdon, VA, for appellee. ON BRIEF: James K. Bredar, Federal Public Defender and Beth M. Farber, Asst. Federal Public Defender, Baltimore, MD, for appellant. Robert P. Crouch, Jr., U.S. Atty., Abingdon, VA, for appellee.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

Vacated and remanded by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Senior Judge PHILLIPS joined.

OPINION

ERVIN, Chief Judge:

On December 6, 1993, Terry Goins pled guilty to distributing five grams of crack cocaine under 21 U.S.C. § 841(a)(1), pursuant to a written plea agreement. He was sentenced on March 16, 1994 to five years imprisonment, the mandatory minimum sentence under 21 U.S.C. § 841(b...

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