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U.S. v. BOWE

No. 02-4164.

309 F.3d 234 (2002)

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

United States Court of Appeals, Fourth Circuit.

Decided October 30, 2002.

Attorney(s) appearing for the Case

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

James Edward Neuman, Mischel, Neuman & Horn, P.C., New York, New York, for Appellee.

ON BRIEF: Robert J. Conrad, Jr., United States Attorney, Brian Lee Whisler, Assistant United States Attorney, Charlotte, North Carolina, for Appellant. Joseph L. Ledford, Charlotte, North Carolina; Thomas S. Hicks, Wilmington, North Carolina, for Appellee.

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Vacated and remanded for resentencing by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Judge GREGORY joined.

OPINION

NIEMEYER, Circuit Judge.

Pursuant to a plea agreement, Riddick Bowe pleaded guilty to a one-count indictment charging him with interstate domestic violence, in violation of 18 U.S.C. § 2261(a)(2). The plea agreement included Bowe's agreement to...

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