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U.S. v. DIXON

No. 99-4524.

230 F.3d 109 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon Dewayne DIXON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 19, 2000.

Attorney(s) appearing for the Case

ARGUED: Edward Henry Weis, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Monica Kaminski Schwartz, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Hunt L. Charach, Federal Public Defender, Mary Lou Newberger, Assistant Federal Public Defender, Michael W. Strong, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before WILKINSON, Chief Judge, and WIDENER and TRAXLER, Circuit Judges.

Vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Chief Judge WILKINSON and Judge TRAXLER joined.

OPINION

WIDENER, Circuit Judge:

Marlon Dewayne Dixon appeals the district court's order sentencing him to 63 months incarceration. For the reasons that follow, we vacate the sentencing order and remand this case to the district court for re-sentencing consistent with this opinion.

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