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U.S. v. ALVARADO

No. 04-4969.

440 F.3d 191 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Constanza ALVARADO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 2006.

Attorney(s) appearing for the Case

ARGUED: Mark Howard Bodner, Fairfax, Virginia, for Appellant. Kelli Hamby Ferry, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Ian R. Conner, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Affirmed in part; vacated and remanded in part by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

WILKINSON, Circuit Judge.

The instant case touches upon the sovereign authority of the state and federal governments to create and enforce criminal laws. The Commonwealth of Virginia charged defendant with state drug offenses, provided him with counsel, and subsequently...

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