U.S. v. PRAY

No. 01-2473.

373 F.3d 358 (2004)

UNITED STATES of America v. Rodney PRAY, Appellant.

United States Court of Appeals, Third Circuit.

July 2, 2004.


Attorney(s) appearing for the Case

Robert Epstein (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, for Appellant.

Kathy A. Stark (Argued), Office of the United States Attorney, Philadelphia, for Appellee.

Before ALITO, FISHER, and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge.

This is a direct appeal in a criminal case. Rodney Pray ("Pray") pled guilty to conspiring to distribute more than 50 grams of cocaine base, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and was sentenced to 240 months in prison. We vacate the sentence and remand for further proceedings.

I.

During the summer of 1998, Pray joined a narcotics distribution ring, and on September 24, 1998...

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