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U.S. v. LAYMAN

Nos. 96-4500, 96-4533.

116 F.3d 105 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Dayna R. Patrick LAYMAN, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Joe Bennett SMITH, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1997.

Attorney(s) appearing for the Case

ARGUED: Joseph William Hooge Mott, Assistant United States Attorney, Roanoke, VA, for Appellant. John E. Lichtenstein, Lichtenstein & Fishwick, P.L.C., Roanoke, VA, for Appellee Layman; Jonathan M. Rogers, Jonathan Rogers, P.C., Roanoke, VA, for Appellee Smith. ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Daniel Campbell, Third Year Law Intern, Roanoke, VA, for Appellant. Charles M. Smith, Jr., Lichtenstein & Fishwick, P.L.C., Roanoke, VA, for Appellee Layman.

Before WILKINSON, Chief Judge, WILKINS, Circuit Judge, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part and vacated and remanded with instructions in part by published opinion. Judge WILKINS wrote the opinion, in which Chief Judge WILKINSON and Judge TRAXLER joined.

OPINION

WILKINS, Circuit Judge:

The United States appeals the sentence imposed on Dayna R. Patrick Layman following her plea of guilty to conspiracy to manufacture and to distribute marijuana, see 21 U.S.C.A. § 841(a)(1) (West 1981), arguing that the district...

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