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U.S. v. WHITTINGTON

No. 5:04 CR 00025.

395 F.Supp.2d 392 (2005)

UNITED STATES of America, Plaintiff, v. Chance Daniel WHITTINGTON, Defendant.

United States District Court, W.D. Virginia, Harrisonburg Division.

October 26, 2005.

Attorney(s) appearing for the Case

Ray "Rusty" B. Fitzgerald, Jr., United States Attorneys Office, Charlottesville, VA, for Plaintiff.

Richard A. Diamond, Charlottesville, VA, for Defendant.

MEMORANDUM OPINION

CONRAD, District Judge.

The defendant contests the inclusion in the presentence investigation report of conduct which predated his eighteenth birthday for consideration as relevant conduct at sentencing. The court requested additional briefing on this subject from both parties and now, having received and reviewed the supplemental brief and response, rules in favor of the United States.

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