U.S. v. BUTLER

No. 01-4047.

272 F.3d 683 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Donntraie Lemanes BUTLER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 2001.


Attorney(s) appearing for the Case

ARGUED: Tamura D. Coffey, Wilson & Iseman, L.L.P., Winston-Salem, NC, for Appellant. Sandra Jane Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Kevin B. Cartledge, Wilson & Iseman, L.L.P., Winston-Salem, NC, for Appellant. Benjamin H. White, Jr., United States Attorney, Greensboro, NC, for Appellee.

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


Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge MOTZ joined.

OPINION

WILKINSON, Chief Judge.

Defendant Donntraie Lemanes Butler appeals the district court's judgment sentencing him to 161 months imprisonment. Butler argues that the court should have compelled the government to file a downward departure motion pursuant to 18 U.S.C. § 3553(e) and § 5K1.1 of the United States Sentencing Guidelines...

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