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U.S. v. SAYLES

Nos. 00-4833, 00-4859.

296 F.3d 219 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Andrew SAYLES, Jr, a/k/a Leno, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Robert Jared Smith, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 10, 2002.

Attorney(s) appearing for the Case

ARGUED: Brian Alexander Glasser, Bailey & Glasser, L.L.P., Charleston, West Virginia; John G. Hackney, Jr., Charleston, West Virginia, for Appellants. John J. Frail, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee.

Before WILKINS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed in part and vacated and remanded in part by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

A jury convicted Leonard Sayles and Robert Jared Smith of various drug offenses; Sayles was also convicted of a related firearm violation. The district court sentenced Sayles to 295 months of imprisonment, followed by a five-year term of supervised...

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