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U.S. v. IVESTER

No. 94-5866.

75 F.3d 182 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Sidney Wayne IVESTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 15, 1996.

Attorney(s) appearing for the Case

ARGUED: Charles Jackson Alexander, II, Morrow, Alexander, Tash & Long, Winston-Salem, North Carolina, for Appellant. David Bernard Smith, Assistant United States Attorney/Senior Litigation Counsel, Greensboro, North Carolina, for Appellee. ON BRIEF: Walter C. Holton, Jr., United States Attorney, Greensboro, North Carolina, for Appellee.

Before RUSSELL and HALL, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge RUSSELL wrote the majority opinion, in which Senior Judge MICHAEL joined. Judge HALL wrote a dissenting opinion.

OPINION

DONALD RUSSELL, Circuit Judge:

Sidney Wayne Ivester appeals the district court's order sentencing him to a statutorily-mandated term of five years imprisonment for his role in a conspiracy to manufacture marijuana. Ivester contends the district court erred in failing to accord him a downward...

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