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U.S. v. BROCK

No. 96-4405.

108 F.3d 31 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Reece BROCK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1997.

Attorney(s) appearing for the Case

ARGUED: Eric David Placke, Assistant Federal Public Defender, Greensboro, NC, for Appellant. Scott Patrick Mebane, Assistant United States Attorney, Greensboro, NC, for Appellee. ON BRIEF: William E. Martin, Federal Public Defender, Greensboro, North Carolina, for Appellant. Walter C. Holton, Jr., United States Attorney, Greensboro, North Carolina, for Appellee.

Before RUSSELL and WILKINS, Circuit Judges, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.

Vacated and remanded for resentencing by published opinion. Judge WILKINS wrote the opinion, in which Judge RUSSELL and Judge HERLONG joined.

OPINION

WILKINS, Chief Judge.

Donald Reece Brock appeals the sentence imposed by the district court following his plea of guilty to two counts of credit card fraud, see 18 U.S.C.A. § 1029(a)(2) (West Supp.1996), maintaining that the district court erred in refusing to depart downward based upon...

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