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U.S. v. MADDOX

No. 93-5591.

48 F.3d 791 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Brian Scott MADDOX, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1995.

Attorney(s) appearing for the Case

ARGUED: David J. Cortes, Asst. U.S. Atty., Raleigh, NC, for appellant. William Webb Plyler, McMillan, Kinzey & Smith, Raleigh, NC, for appellee. ON BRIEF: James R. Dedrick, U.S. Atty., Raleigh, NC, for appellant.

Before RUSSELL, Circuit Judge, BUTZNER, Senior Circuit Judge, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed in part, vacated in part, and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Senior Judge BUTZNER and Judge DOUMAR joined.

OPINION

DONALD RUSSELL, Circuit Judge:

The government appeals the district court's sentencing of Defendant Brian Scott Maddox for charges arising from his armed robbery of a bank. Specifically, the government challenges the district court's downward...

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