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U.S. v. GODWIN

No. 00-4253.

253 F.3d 784 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Duane GODWIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2001.

Attorney(s) appearing for the Case

ARGUED: David Bernard Smith, Greensboro, NC, for Appellant. Michael Francis Joseph, Assistant United States Attorney, Greensboro, NC, for Appellee.

ON BRIEF: Walter C. Holton, Jr., United States Attorney, Greensboro, NC, for Appellee.

Before TRAXLER and GREGORY, Circuit Judges, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge GREGORY and Judge THORNBURG joined.

OPINION

TRAXLER, Circuit Judge:

Gary Duane Godwin appeals the sentence imposed after he pleaded guilty to a charge of harboring a fugitive. See 18 U.S.C.A. § 1071 (West 2000). We vacate Godwin's sentence and remand for resentencing.

I.

In February 1999...

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