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U.S. v. LONEY

No. 99-5774.

219 F.3d 281 (2000)

UNITED STATES of America, v. Alexander D. LONEY, Appellant,

United States Court of Appeals, Third Circuit.

July 18, 2000.

Attorney(s) appearing for the Case

Andrea D. Bergman, Office of the Federal Public Defender, Newark, NJ, for Appellant.

George S. Leone, David A. Bocian, Office of the United States Attorney, Newark, NJ, for Appellee.

Before SCIRICA, NYGAARD and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

When the Newark police arrived at 5:30 in the morning to investigate the scene of a reported burglary, they discovered Alexander Loney standing nearby on his aunt's porch. Frisking him, the officers found hidden in his clothes 29 packets of heroin and a .380 caliber Lorcin semiautomatic pistol loaded with one round of ammunition. The question on appeal is whether the District Court erred when it applied U.S.S.G...

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