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U.S. v. McHAN

Nos. 94-5464, 94-5657.

101 F.3d 1027 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Charles William McHAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Charles William McHAN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1996.

Attorney(s) appearing for the Case

ARGUED: Sean Patrick Devereux, Whalen, Hay, Pitts, Hugenschmidt, Master, Devereux & Belser, P.A., Asheville, NC, for Appellant. B. Frederic Williams, Jr., Assistant United States Attorney, Kenneth Davis Bell, Office of the United States Attorney, Charlotte, NC, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Charlotte, NC, for Appellee.

Before HALL, NIEMEYER, and LUTTIG, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

After pleading guilty in 1988 to conspiring to distribute marijuana, Charles William McHan was convicted again in 1992 of participating in another marijuana distribution conspiracy, operating a continuing criminal enterprise, and committing various narcotics and tax offenses. The district court sentenced McHan to 150 months imprisonment and ordered him to forfeit $395,670 in proceeds from his drug operations.

On appeal...

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