U.S. v. FENNER

Nos. 96-4488, 96-4489.

147 F.3d 360 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Terry FENNER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Herbert FENNER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 21, 1998.


Attorney(s) appearing for the Case

ARGUED: Beth Mina Farber, Chief Assistant Federal Public Defender, Baltimore, Maryland; Harry D. McKnett, Columbia, Maryland, for Appellants. Jamie M. Bennett, Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Baltimore, Maryland, for Appellants. Lynne A. Battaglia, United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINS and NIEMEYER, Circuit Judges, and CHAMBERS, United States District Judge for the Southern District of West Virginia, sitting by designation.


Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge NIEMEYER and Judge CHAMBERS joined.

WILKINS, Circuit Judge:

Terry Fenner and Herbert Fenner appeal their various drug and firearm convictions and resulting sentences. They principally argue that the district court erred in concluding that it was not authorized to depart downward from their applicable guideline ranges based on its concern that a literal application of the cross reference...

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