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U.S. v. BURGOS

No. 94-5300.

55 F.3d 933 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Luis BURGOS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1995.

Attorney(s) appearing for the Case

ARGUED: Allan Bethea Burnside, Asst. Federal Public Defender, Columbia, SC, for appellant. David Jarlath Slattery, Asst. U.S. Atty., Columbia, SC, for appellee. ON BRIEF: J. Preston Strom, Jr., U.S. Atty., Columbia, SC, for appellee.

Before ERVIN, Chief Judge, RUSSELL, Circuit Judge, and MacKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge RUSSELL and Senior Judge MacKENZIE joined.

OPINION

ERVIN, Chief Judge:

Antonio Luis Burgos appeals his conviction for conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. § 846. Burgos levels two criticisms against the district court, the more substantial of which challenges the propriety of the Allen charge...

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