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U.S. v. LOVE

Nos. 95-5760, 95-5825.

134 F.3d 595 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Rex Eugene LOVE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jerry Wayne SHEPPARD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1998.

Attorney(s) appearing for the Case

ARGUED: Michael Smith Scofield, Charlotte, NC, for Appellant Love; Alice Carson Stubbs, Stubbs, Pahl & Perdue, P.A., Raleigh, NC, for Appellant Sheppard. Jane H. Jackson, Assistant United States Attorney, Raleigh, NC, for Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, NC, for Appellee.

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

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HAMILTON and Senior Judge MERHIGE joined.

OPINION

WILKINSON, Chief Judge:

Rex Love and Jerry Sheppard were convicted of conspiracy to possess with intent to distribute marijuana and cocaine in violation of 21 U.S.C. § 846. Love also was convicted of possession with intent to distribute cocaine and marijuana in violation of 21 U.S.C. § 841(a)(1). Love...

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