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U.S. v. TORRES

No. 98-7657.

211 F.3d 836 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. D'Andre TORRES, a/k/a Danny Scott, a/k/a D, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2000

Attorney(s) appearing for the Case

ARGUED: Aaron Peter Buda, Schad, Buda, Cook, L.L.C., Cincinnati, Ohio, for Appellant. David S. Kris, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Brian L. Whisler, Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge LUTTIG joined. Senior Judge HAMILTON wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

D'Andre Torres filed a motion for collateral relief under 28 U.S.C.A. § 2255 (West Supp.1999), asserting that his conviction for conspiring to possess with intent to distribute cocaine base in violation of 21...

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