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U.S. v. WASHINGTON

Nos. 97-4235, 97-4246.

146 F.3d 219 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Anthony WASHINGTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alex DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1998.

Attorney(s) appearing for the Case

ARGUED: John Miles Morgan, Young, Morgan & Cann, Clarksburg, West Virginia, for Appellant Washington; Rodney Lloyd Bean, Steptoe & Johnson, Morgantown, West Virginia, for Appellant Davis. Sherry L. Muncy, Assistant United States Attorney, Elkins, West Virginia, for Appellee. ON BRIEF: William D. Wilmoth, United States Attorney, Elkins, West Virginia, for Appellee.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Senior Judge WILLIAMS joined.

OPINION

WILKINSON, Chief Judge:

Robert Anthony Washington pled guilty to aiding and abetting in the distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Alex Davis, a codefendant, pled guilty to conspiracy to possess with intent to distribute...

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