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U.S. v. EURA

Nos. 05-4437, 05-4533.

440 F.3d 625 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Vincent Carnelius EURA, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Vincent Carnelius Eura, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 2006.

Attorney(s) appearing for the Case

ARGUED: Craig Weston Sampson, Richmond, Virginia, for Appellant/Cross-Appellee. Michael James Elston, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee/Cross-Appellant. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee/Cross-Appellant.

Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILKINSON joined. Judge MICHAEL wrote a separate opinion concurring in the judgment and concurring in part.

OPINION

HAMILTON, Senior Circuit Judge:

Under the United States Sentencing Guidelines, a defendant who deals five grams of crack cocaine faces the same sentence as a defendant who deals five hundred grams of powder cocaine...

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