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U.S. v. GOINES

No. 01-7500.

357 F.3d 469 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony GOINES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2004.

Attorney(s) appearing for the Case

ARGUED: Justin Sanjeeve Antonipillai, Arnold & Porter, Washington, D.C., for Appellant. Eric Matthew Hurt, Assistant United States Attorney, Abingdon, Virginia, for Appellee. ON BRIEF: John L. Brownlee, United States Attorney, Abingdon, Virginia, for Appellee.

Before WILKINS, Chief Judge, and WILKINSON and LUTTIG, Circuit Judges.

Vacated and remanded by published opinion.

Chief Judge WILKINS wrote the majority opinion, in which Judge WILKINSON joins.

Judge LUTTIG wrote a dissenting opinion.

OPINION

WILLIAM W. WILKINS, Chief Judge:

Anthony Goines appeals the denial of his motion to reduce his sentence pursuant to 18 U.S.C.A. § 3582(c)(2) (West 2000). We vacate and remand for further proceedings.

I.

In January 2000, Goines pled guilty...

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