U.S. v. BANKS

Nos. 96-4822, 96-4836.

130 F.3d 621 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Shenita BANKS, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Shenita BANKS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1997.


Attorney(s) appearing for the Case

ARGUED: William Graham Otis, Senior Litigation Counsel, Office of the United States Attorney, Alexandria, VA, for Appellant. David Preston Baugh, Richmond, VA, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellant.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eight Circuit, sitting by designation.


Affirmed in part, reversed in part, and remanded by published opinion. Senior Judge MAGILL wrote the opinion, in which Judge MURNAGHAN and Judge NIEMEYER joined.

OPINION

MAGILL, Senior Circuit Judge:

Shenita Banks was convicted in the United States District Court for the Eastern District of Virginia of conspiring to distribute in excess of fifty grams of crack cocaine, in violation of 21 U.S.C. § 846 (1994). Although the United States Sentencing...

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