U.S. v. FULLILOVE

No. 04-4032.

388 F.3d 104 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Steve FULLILOVE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 2, 2004.


Attorney(s) appearing for the Case

ARGUED: Jane Barrett Taylor, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellant. James Paul Rogers, Columbia, South Carolina, for Appellee. ON BRIEF: J. Strom Thurmond, Jr., United States Attorney, Columbia, South Carolina, for Appellant.

Before WILKINS, Chief Judge, TRAXLER, Circuit Judge, and TITUS, United States District Judge for the District of Maryland, sitting by designation.


Vacated and remanded with instructions by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge TRAXLER and Judge TITUS joined.

WILKINS, Chief Judge:

The United States appeals the sentence imposed on Steve Fullilove following his conviction for possessing with the intent to distribute a quantity of cocaine base, see 21 U.S.C.A. § 841(a)(1) (West 1999). The Government contends that the district court erred in excluding from its...

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