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U.S. v. McQUEEN

No. 95-5615.

108 F.3d 64 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. James McQUEEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1997.

Attorney(s) appearing for the Case

ARGUED: Michael Smith Scofield, Law Offices Of Michael Scofield, Charlotte, NC, for Appellant. John Michael Barton, Assistant United States Attorney, Columbia, SC, for Appellee. ON BRIEF: John J. Cacheris, Law Offices Of Michael Scofield, Charlotte, NC, for Appellant. Margaret B. Seymour, United States Attorney, Columbia, SC, for Appellee.

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

Vacated and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge MOTZ and Senior Judge MICHAEL joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

James McQueen appeals his two concurrently-running sentences from his convictions for conspiracy to distribute heroin, cocaine, and crack cocaine, marijuana, and various prescription pills, and for making a material false declaration before a grand jury. McQueen asserts that the...

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