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IN RE SEALED CASE

No. 96-3036.

108 F.3d 372 (1997)

In re SEALED CASE.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1997.

Attorney(s) appearing for the Case

Thomas G. Corcoran, Jr., Washington, DC, appointed by the court, argued the cause and filed the briefs for appellant.

Colleen Covell, Assistant United States Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher, Thomas J. Tourish, Jr., and Martin D. Carpenter, Assistant United States Attorneys, were on the brief.

Before: EDWARDS, Chief Judge, SILBERMAN and SENTELLE, Circuit Judges.

PER CURIAM:

Appellant challenges his sentence for conspiracy to distribute five kilograms or more of cocaine. We vacate the sentence and remand for resentencing.

I.

Appellant was a member of a conspiracy that had as its object the shipment via overnight courier of two packages of cocaine from Los Angeles to the D.C. area. One of the packages, containing approximately three kilograms of cocaine, was shipped to a Hartford Street address in the District...

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