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U.S. v. SMITH

No. 03-4032.

359 F.3d 662 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Tyrone SMITH, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2004.

Attorney(s) appearing for the Case

ARGUED: Mary Elizabeth Maguire, Assistant Federal Public Defender, Richmond, Virginia, for Appellant. Olivia N. Hawkins, Assistant United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Richmond, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Richmond, Virginia, for Appellee.

Before WILKINS, Chief Judge, and KING and GREGORY, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge KING and Judge GREGORY joined.

OPINION

WILLIAM W. WILKINS, Chief Judge:

Tyrone Smith, Jr. pleaded guilty to one count of distributing heroin. He now appeals the sentence imposed by the district court, arguing that his prior Virginia conviction for larceny from the person should not have been counted as a predicate offense for purposes of applying the career offender...

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