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U.S. v. LeROSE

No. 99-4886.

219 F.3d 335 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. John Steven LeROSE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 13, 2000

Attorney(s) appearing for the Case

ARGUED: Susan Marie Arnold, Assistant United States Attorney, Charleston, West Virginia, for Appellant. Benjamin Lee Bailey, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee. ON BRIEF: Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellant.

Before MOTZ and TRAXLER, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge BULLOCK joined.

OPINION

TRAXLER, Circuit Judge:

The United States appeals the district court's downward sentencing departure in the case of John Steven LeRose ("LeRose"). We vacate the sentence and remand for resentencing.

I.

On June 10, 1999, LeRose pled guilty to a two-count information. Count One accused LeRose...

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