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U.S. v. FLETCHER

No. 94-5767.

74 F.3d 49 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur FLETCHER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1996.

Attorney(s) appearing for the Case

ARGUED: Martin Patrick Sheehan, Sheehan & Nugent, Wheeling, West Virginia, for Appellant. Paul Thomas Camilletti, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: William D. Wilmoth, United States Attorney, Wheeling, West Virginia, for Appellee.

Before MURNAGHAN, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed and sentence vacated and remanded for resentencing by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Judge HAMILTON joined.

MURNAGHAN, Circuit Judge:

Appellant Arthur E. Fletcher was convicted of cultivating marijuana in West Virginia in violation of 21 U.S.C. § 841(a)(1), then sentenced to 97 months in prison. On appeal, he brings challenges to both his conviction and his sentence. Finding no reversible error...

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