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U.S. v. DICKERSON

No. 95-5435.

77 F.3d 774 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher DICKERSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1996.

Attorney(s) appearing for the Case

ARGUED: William Graham Otis, Senior Litigation Counsel, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Joseph N. Bowman, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, Chief Judge, HAMILTON, Circuit Judge, and BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded for resentencing by published opinion. Judge HAMILTON wrote the opinion, in which Chief Judge WILKINSON and Judge BLAKE joined.

OPINION

HAMILTON, Circuit Judge:

The United States (the government) appeals the sentence of Christopher Dickerson (Dickerson) imposed by the district court following Dickerson's plea of guilty to felony attempted escape from custody, see 18 U.S.C.A. § 751(a) (West Supp.1995). The government...

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