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U.S. v. PEARCE

Nos. 98-4416, 98-4563.

191 F.3d 488 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth Robert PEARCE, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Homer Grady CHAPMAN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 13, 1999.

Attorney(s) appearing for the Case

ARGUED: Thomas Ernest Booth, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. W. Frank Cantrell, Banner Elk, North Carolina, for Appellee Chapman; Gregory Poole Harris, Columbia, South Carolina, for Appellee Pearce. ON BRIEF: J. Rene Josey, United States Attorney, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant.

Before MURNAGHAN, WILKINS, and NIEMEYER, Circuit Judges.

Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Murnaghan and Judge Wilkins joined.

OPINION

NIEMEYER, Circuit Judge:

Kenneth Pearce and Homer Chapman pled guilty to conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. At their sentencings, the government made a motion under U.S.S.G. § 5K1.1 for a downward departure for both defendants based...

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