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U.S. v. HAWTHORNE

Nos. 94-5282, 94-5283.

94 F.3d 118 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Trent HAWTHORNE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Andre Monroe SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Deborah S. Roe, McDermott, Roe & Jones, Hampton, Virginia, for Appellant Smith; Willard Montellous Robinson, Jr., Hall, Fox, Atlee & Robinson, P.C., Newport News, Virginia, for Appellant Hawthorne. Helen F. Fahey, United States Attorney, Robert E. Bradenham, II, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Before WILKINSON, Chief Judge, and HALL and WILLIAMS, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge HALL wrote the opinion, in which Chief Judge WILKINSON and Judge WILLIAMS joined.

OPINION

K. K. HALL, Circuit Judge:

This case is before us on remand from the Supreme Court. Trent Hawthorne and Andre Monroe Smith petitioned the Court for a writ of certiorari following our affirmance of their convictions for conspiracy to distribute crack cocaine, see 21 U.S.C.A. &...

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