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U.S. v. SILVERS

Nos. 95-5616, 95-5708.

90 F.3d 95 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Steven A. SILVERS, Defendant-Appellant (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1996.

Attorney(s) appearing for the Case

ARGUED: Gerald Chester Ruter, Baltimore, Maryland, for Appellant. Andrew George Warrens Norman, Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Lynne A. Battaglia, United States Attorney, Baltimore, Maryland, for Appellee.

Before RUSSELL, HALL, and LUTTIG, Circuit Judges.

Dismissed in part, vacated in part and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge HALL and Judge LUTTIG joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

In this appeal we are asked to determine whether, inter alia, a district court, upon resentencing of a defendant pursuant to a successful 28 U.S.C. § 2255 motion, can sua sponte reinstate a previously...

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