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U.S. v. BOWE

No. 00-4269.

257 F.3d 336 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Riddick Lamont BOWE, Sr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 13, 2001.

Attorney(s) appearing for the Case

ARGUED: Kenneth Davis Bell, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant.

Thomas S. Hicks, P.L.L.C., Wilmington, North Carolina, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, C. Nicks Williams, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant.

Before NIEMEYER and GREGORY, Circuit Judges, and Arthur L. ALARCON, Senior Circuit Judge, of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Vacated and remanded by published opinion. Senior Judge ALARCON wrote the opinion, in which Judge NIEMEYER and Judge GREGORY joined.

OPINION

ALARCON, Senior Circuit Judge:

The Government seeks reversal of the district court's sentencing decision on discrete grounds. It maintains that the district court erred in denying the Government's motion to set aside the plea agreement. The Government also contends that the district court clearly erred in finding...

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