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U.S. v. HARRIS

No. 96-4539.

128 F.3d 850 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Richard F. HARRIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 29, 1997.

Attorney(s) appearing for the Case

ARGUED: Pamela Lynn Kandzari, King, Allen & Guthrie, Charleston, WV, for Appellant. Philip Judson Combs, Assistant United States Attorney, Charleston, WV, for Appellee. ON BRIEF: Rebecca A. Betts, United States Attorney, Charleston, WV, for Appellee.

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

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge HERLONG joined.

OPINION

WILKINSON, Chief Judge:

Richard Harris pled guilty to possession of a controlled substance with intent to distribute and received a sentence of 50 months imprisonment. Harris now challenges this sentence on two grounds. First, he argues that the presence of unloaded firearms at his residence does not warrant a two level...

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